Statutory Declarations Act

Section 1 provides definitions for terms used in the Act, including Commissioner for Oaths, currency point, judge, justice of the peace, notary public, and Registrar.

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 24
Version: 31 Dec 2023
Language: en
Official source: View official record ↗

Source attribution: Source: Uganda Legal Information Institute

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Section 1 provides definitions for terms used in the Act, including Commissioner for Oaths, currency point, judge, justice of the peace, notary public, and Registrar. Restricts use of affidavits in proceedings, applications or other matters commenced in any court or referable to a court. If section 2 does not apply, a person may depone to any fact for any purpose by means of a statutory declaration. A statutory declaration must be in the form specified in Schedule 2 to this Act. Certain officers may take and receive statutory declarations and must certify them under their signature; officers listed in section 13 of the Oaths Act may also take statutory declarations which have the same effect as an oath; Section 7 applies to declarations under this section.

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Provisions of Statutory Declarations Act

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1. Interpretation
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Section 1 provides definitions for terms used in the Act, including Commissioner for Oaths, currency point, judge, justice of the peace, notary public, and Registrar.

Section 1. Interpretation Section In this Act, unless the context otherwise requires— “ Commissioner for Oaths ” means a Commissioner for Oaths appointed under the Commissioners for Oaths (Advocates) Act; “ currency point ” has the value assigned to it in Schedule 1 to this Act; “ judge ” means the Chief Justice, Deputy Chief Justice, a justice of the Supreme Court, a justice of the Court of Appeal and a judge of the High Court, and includes an acting judge; “ justice of the peace ” means a justice of the peace appointed under the Justices of the Peace Act; “ notary public ” means a notary public licensed under the Notaries Public Act; “ Registrar ” means the Registrar of the Supreme Court, Court of Appeal or the High Court.
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2. Restriction on use of affidavits
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Restricts use of affidavits in proceedings, applications or other matters commenced in any court or referable to a court.

Section 2. Restriction on use of affidavits Section where it relates to any proceedings, application or other matter commenced in any court or referable to a court; or
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3. Use of statutory declarations
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If section 2 does not apply, a person may depone to any fact for any purpose by means of a statutory declaration.

Section 3. Use of statutory declarations Section 3(1) In every case to which section 2 does not apply, a person wishing to depone to any fact for any purpose may do so by means of a statutory declaration. Section 3(2) Where any person has sworn to an affidavit for any purpose other than a purpose referred to in section 2 , that affidavit shall, nevertheless, be taken for all purposes to be a statutory declaration.
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4. Form of statutory declaration
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A statutory declaration must be in the form specified in Schedule 2 to this Act.

Section 4. Form of statutory declaration Section A statutory declaration shall be in the form specified in Schedule 2 to this Act.
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5. Procedure for making statutory declarations
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Certain officers may take and receive statutory declarations and must certify them under their signature; officers listed in section 13 of the Oaths Act may also take statutory declarations which have the same effect as an oath; Section 7 applies to declarations under this section.

Section 5. Procedure for making statutory declarations Section 5(1) A judge , the Registrar , a magistrate, or a justice of the peace , a notary public and any Commissioner for Oaths may take and receive the statutory declaration of any person voluntarily making it before him or her and shall certify it under his or her signature. Section 5(2) For the avoidance of doubt, the officers referred to in section 13 of the Oaths Act may take a statutory declaration under this Act, in similar circumstances as the administration of an oath under that section; and any statutory declaration taken under this section shall have the same effect as an oath administered under that section. Section 5(3) Section 7 shall apply to a statutory declaration taken under this section.
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6. Taking statutory declarations outside Uganda
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A person wishing to depone outside Uganda may make a statutory declaration before any person authorised to take such declarations by the law of the country where made.

Section 6. Taking statutory declarations outside Uganda Section 6(1) A person wishing to depone outside Uganda to any fact for any purpose in Uganda may make a statutory declaration before any person authorised to take a statutory declaration by the law of the country in which the declaration is made. Section 6(2) Judicial and official notice shall be taken of the signature and seal of the person taking a statutory declaration under this section and affixed, impressed or subscribed to any statutory declaration referred to in subsection (1) . Section 6(3) A statutory declaration taken outside Uganda under this section shall not be admissible in evidence unless it is registered with the registrar of documents under the Registration of Documents Act.
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7. Offences and penalties
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Anyone who makes, recklessly makes, or presents a false statutory declaration (knowing it to be false) in a material particular commits an offence.

Section 7. Offences and penalties Section 7(1) Any person who— Section 7(1)(a) makes a statutory declaration which he or she knows to be false in a material particular; Section 7(1)(b) recklessly makes a statutory declaration false in a material particular; or Section 7(1)(c) utters or presents as true, a false statutory declaration knowing it to be false, Section 7(2) For the avoidance of doubt, subsection (1) shall apply to all statutory declarations including any declaration provided for under any other law, notwithstanding any other penalty prescribed in that law.
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8. Fees
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The fees payable on the making of a statutory declaration shall be the same as those payable on the taking of an affidavit.

Section 8. Fees Section The fees payable on the making of a statutory declaration shall be the same as those payable on the taking of an affidavit.
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9. Power to amend Schedule 1
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The Minister responsible for justice may, by statutory instrument and with the approval of Cabinet, amend Schedule 1 to this Act.

Section 9. Power to amend Schedule 1 Section The Minister responsible for justice may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

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Statutory Declarations Act

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