Illiterates Protection Act

Defines “document” as any print or writing capable of being used as evidence of any fact or thing against the person for or on whose behalf it purports to be written or signed.

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 78
Version: Undated source snapshot
Language: en

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

Defines “document” as any print or writing capable of being used as evidence of any fact or thing against the person for or on whose behalf it purports to be written or signed. People must not sign on behalf of an illiterate unless the illiterate first makes a mark; anyone who writes the illiterate's name must also sign their own full name and address as witness and that act implies certain statements about reading and instruction. A person who writes a document for an illiterate must put their full name and address on the document and doing so implies a statement that they were instructed, that the document represents those instructions, and that it was read and explained to the illiterate. A person who fails to write their true full name and address (as required) or whose implied statement is untrue commits an offence and on conviction may be fined up to three hundred shillings or, if the fine is not paid, imprisoned for up to three months. Documents of the classes listed in the Schedule are not subject to this Act; the Minister may vary the Schedule by statutory instrument.

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Provisions of Illiterates Protection Act

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1. Interpretation

Defines “document” as any print or writing capable of being used as evidence of any fact or thing against the person for or on whose behalf it purports to be written or signed.

Section 1. Interpretation Section “ document ” means any print or writing capable of being used as evidence of any fact or thing as against the person by, for or at the request, or on behalf or in the name of whom the same purports to be written or signed in any way;
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2. Verification of signature of illiterates

People must not sign on behalf of an illiterate unless the illiterate first makes a mark; anyone who writes the illiterate's name must also sign their own full name and address as witness and that act implies certain statements about reading and instruction.

Section 2. Verification of signature of illiterates Section No person shall write the name of an illiterate by way of signature to any document unless such illiterate shall have first appended his or her mark to it; and any person who so writes the name of the illiterate shall also write on the document his or her own true and full name and address as witness, and his or her so doing shall imply a statement that he or she wrote the name of the illiterate by way of signature after the illiterate had appended his or her mark, and that he or she was instructed so to write by the illiterate and that prior to the illiterate appending his or her mark, the document was read over and explained to the illiterate .
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3. Verification of documents written for illiterates

A person who writes a document for an illiterate must put their full name and address on the document and doing so implies a statement that they were instructed, that the document represents those instructions, and that it was read and explained to the illiterate.

Section 3. Verification of documents written for illiterates Section Any person who shall write any document for or at the request, on behalf or in the name of any illiterate shall also write on the document his or her own true and full name as the writer of the document and his or her true and full address, and his or her so doing shall imply a statement that he or she was instructed to write the document by the person for whom it purports to have been written and that it fully and correctly represents his or her instructions and was read over and explained to him or her.
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4. Offence and penalty

A person who fails to write their true full name and address (as required) or whose implied statement is untrue commits an offence and on conviction may be fined up to three hundred shillings or, if the fine is not paid, imprisoned for up to three months.

Section 4. Offence and penalty Section If the writer of or witness to the signature on any document fails to write on it his or her true and full name and address as provided in section 2 or 3 , or if he or she has done so and the statement which under this Act is implied by the writing is untrue in any particular, then and in every such case the person commits an offence and is liable on conviction to a fine not exceeding three hundred shillings, or in default of payment to imprisonment for a period not exceeding three months, but without prejudice to any criminal or civil liability which he or she may have incurred in the circumstances by reason of fraud, forgery, misrepresentation or otherwise.
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5. Saving as to certain documents

Documents of the classes listed in the Schedule are not subject to this Act; the Minister may vary the Schedule by statutory instrument.

Section 5. Saving as to certain documents Section Nothing in this Act shall apply to documents of the classes specified in the Schedule to this Act. The Schedule may be varied from time to time by the Minister by statutory instrument.

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Illiterates Protection Act

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