The Oaths and Statutory Declarations Act

This section says the Act may be cited as the Oaths and Statutory Declarations Act.

Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Oaths and Statutory Declarations Act
Version: Undated source snapshot
Language: en
Official source: View official record ↗

admissions and denials court court authority court proceedings court rules judicial oaths judicial proceedings minister oaths oaths and affirmations procedure statutory declarations

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This section says the Act may be cited as the Oaths and Statutory Declarations Act. This section defines “court,” “judicial proceedings,” and “Minister” for the Act. Every court may administer an oath or affirmation, either itself or through an officer it authorises. People who may lawfully give evidence in court, and court interpreters, must make an oath. A person who objects on religious grounds, or has no religious belief, may make a solemn affirmation instead. Any oath or affirmation made under this Act must be made in the manner and form set by rules under section 8.

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Provisions of The Oaths and Statutory Declarations Act

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This section says the Act may be cited as the Oaths and Statutory Declarations Act.

1. This Act may be cited as the Oaths and Statutory Declarations Act. Interpretation Cap. 192
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This section defines “court,” “judicial proceedings,” and “Minister” for the Act.

2. In this Act, unless the context otherwise requires- "court" includes every person or body of persons having by law or consent of parties authority to receive evidence upon oath or affirmation but does not include a court- martial established under the National Defence Act; "judicial proceedings" means proceedings before any court; "Minister" means the Minister responsible for legal affairs. PART II JUDICIAL OATHS Authority to administer oaths and affirmations

Part

PART II

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Every court may administer an oath or affirmation, either itself or through an officer it authorises.

3. Every court shall have the authority, itself or by an officer duly authorised by it in that behalf, to administer an oath or affirmation to any person whom it may lawfully examine upon oath or affirmation. 3 The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019] Persons who may be required to make oath or affirmation
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People who may lawfully give evidence in court, and court interpreters, must make an oath. A person who objects on religious grounds, or has no religious belief, may make a solemn affirmation instead.

4. Subject to any provision to the contrary contained in any written law, an oath shall be made by- (a) any person who may lawfully be examined upon oath or give or be required to give evidence upon oath by or before a court; (b) any person acting as interpreter of questions put to and evidence given by a person being examined by or giving evidence before a court: Provided that, where any person who is required to make an oath professes any faith other than the Christian faith or objects to being sworn, stating, as the ground of such objection, either that he has no religious belief or that the making of an oath is contrary to his religious belief, such person shall be permitted to make his solemn affirmation instead of making an oath and such affirmation shall be of the same effect as if he had made an oath. Forms of oaths and affirmations
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Any oath or affirmation made under this Act must be made in the manner and form set by rules under section 8.

5. Every oath or affirmation made under this Act shall be made in the manner and in the form prescribed by rules made under section 8. Power of court to tender certain oaths
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A court may allow a party or witness in judicial proceedings to give evidence under an oath or affirmation accepted by that person’s community, if the form is not contrary to justice or decency and does not affect third persons.

6. Where any party to or witness in any judicial proceedings offers to give evidence on oath or affirmation in any form common amongst, or held binding by, persons of the community or persuasion to which he belongs and not repugnant to justice or decency, and not purporting to affect any third person, the court may, if it thinks fit, notwithstanding the provisions of sections 4 and 5, administer or direct its officer to administer such oath or affirmation to him. A party may offer to be bound by certain oaths or affirmations
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In civil proceedings, if the parties agree, the court may invite a party to make an admission or denial under oath or affirmation; if made, it binds the other party.

7.-(1) Where, in any judicial proceedings of a civil nature, the parties agree that one of them would be bound by an admission or denial of any fact in issue between them in such proceedings such admission or denial made 4 The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019] by the other party under an oath or other party under an oath or affirmation in such form as may be accepted by a court under section 6, the court may, if it thinks fit, invite such other party to make such admission or denial under such oath or affirmation. (2) Where the party invited by the court to make an admission or denial in accordance with subsection (1) makes such admission or denial, the admission or denial shall be binding upon the other party and the parties concerned shall thereupon be deemed not to be at issue with regard to the fact so admitted or denied.
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The Chief Justice may make rules about the forms and making of oaths and affirmations, but only with the Minister’s consent.

8.-(1) The Chief Justice may, with the consent of the Minister, make rules prescribing forms of oaths and affirmations and the manner in which the same may be made. (2) Rules made under this section may prescribe different forms for different courts or for different classes of persons.
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Short title
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An oath or affirmation used in judicial proceedings is treated as valid even if there was an irregularity in how it was administered or if oath and affirmation forms were substituted.

9. Where in any judicial proceedings an oath or affirmation has been administered and taken, such oath or affirmation shall be deemed to have been properly administered or taken, notwithstanding any irregularity in the administration or the taking thereof, or any substitution of an oath for an affirmation, or of an affirmation for an oath, or of one form of affirmation for another. PART III STATUTORY DECLARATIONS Rules Irregularity not to affect validity of oath Statutory declaration to be in prescribed form

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PART III

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A person who must or may make a statutory declaration must use the form in the Schedule, unless another written law already prescribes a form for that purpose.

10. Where under any law for the time being in force any person is required or is entitled to make a statutory declaration, the declaration shall be in the form prescribed in the Schedule to this Act: Provided that, where under any written law a form of statutory declaration is prescribed for use for the 5 The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019] purposes of that law such form may be used for that purpose. Power to take statutory declarations Cap.12
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12.-15. Omitted
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A person entitled to act as a Notary Public or Commissioner for Oaths may take a voluntary statutory declaration before them.

11. It shall be lawful for any person entitled under the provisions of the Notaries Public and Commissioners for Oaths Act to exercise the powers of a Notary Public or a Commissioner for Oaths to take a statutory declaration of any person voluntarily making and subscribing the same before him. Omitted
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15. Omitted
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This provision is an omitted schedule containing a declaration form made under section 10.

12.-15. Omitted. _________ SCHEDULE _________ (Made under section 10) I, A. B. do solemnly and sincerely declare as follows: (here state the matters declared) ……………………………………………………………………………………………… I, the said A. B., make this declaration conscientiously believing the same to be true and in accordance with the provisions of the Oaths and Statutory Declarations Act. This, Declaration is made and subscribed by the said A. B. who is known to me personally (or who has been identified to me by .......................; the latter being known to me personally) this ................... day of (Signature of the person taking the declaration) (Signature, qualification and address of the person taking the declaration) _________________________ 6

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