Commissioners for Oaths Act, 1938

This section gives the Act’s short title: the Commissioners for Oaths Act.

Jurisdiction: Zambia
Instrument: Act or statute
Citation: Act 44 of 1938
Version: 31 Dec 1996
Language: en
Official source: View official record ↗

affidavits appointments compliance documentation declarations oaths offences and penalties official publication registers and lists statute title statutory interpretation

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This section gives the Act’s short title: the Commissioners for Oaths Act. This section defines “Deputy Registrar” and “Registrar” for the Act, unless the context requires otherwise. The Registrar, every Deputy Registrar, and every magistrate are ex officio Commissioners for Oaths. The Chief Justice may appoint and revoke other Commissioners for Oaths by Gazette notice. The Registrar must annually prepare a list of Commissioners for Oaths and publish it in the Gazette. A Commissioner for Oaths may administer oaths and take affidavits or declarations for court or other matters in Zambia, but not in proceedings where the commissioner is acting as solicitor, clerk to a solicitor, or has an interest.

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Provisions of Commissioners for Oaths Act, 1938

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1
Short title ........................................................................................................................................................................................................... 1
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This section gives the Act’s short title: the Commissioners for Oaths Act.

1. Short title This Act may be cited as the Commissioners for Oaths Act.
2
Interpretation .................................................................................................................................................................................................... 1
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This section defines “Deputy Registrar” and “Registrar” for the Act, unless the context requires otherwise.

2. Interpretation In this Act, unless the context otherwise requires— "Deputy Registrar" means a Deputy Registrar of the High Court; "Registrar" means the Registrar of the High Court.
3
Appointment of Commissioners for Oaths ............................................................................................................................................ 1
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The Registrar, every Deputy Registrar, and every magistrate are ex officio Commissioners for Oaths. The Chief Justice may appoint and revoke other Commissioners for Oaths by Gazette notice.

3. Appointment of Commissioners for Oaths (1) The Registrar, every Deputy Registrar and every magistrate shall be ex ofﬁcio a Commissioner for Oaths. (2) The Chief Justice may, from time to time, by Gazette notice, appoint other persons to be Commissioners for Oaths, and may in the same manner revoke any such appointment. [As amended by No. 51 of 1951 and G.N. No. 303 of 1964]
4
Annual publication of list of Commissioners for Oaths .................................................................................................................... 1
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The Registrar must annually prepare a list of Commissioners for Oaths and publish it in the Gazette.

4. Annual publication of list of Commissioners for Oaths The Registrar shall, as near as may be after the 1st April in every year, prepare a list of all Commissioners for Oaths appointed under subsection (2) of the preceding section and cause the same to be published in the Gazette.
5
Powers of Commissioners ............................................................................................................................................................................ 1
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A Commissioner for Oaths may administer oaths and take affidavits or declarations for court or other matters in Zambia, but not in proceedings where the commissioner is acting as solicitor, clerk to a solicitor, or has an interest.

5. Powers of Commissioners A Commissioner for Oaths may administer any oath or take any afﬁdavit or declaration for the purposes of any court or matter in Zambia, including any matter required to be sworn, declared or attested under any law relating to the registration of instruments or documents or under any law relating to passports: Provided that a Commissioner for Oaths shall not exercise any of the powers given to him by this section in any proceeding in which he is solicitor to any of the parties to the proceeding, or clerk to any such solicitor, or in which he is interested. [No. 51 of 1951] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Commissioners for Oaths Act, 1938 (Chapter 33) Zambia
6
Particulars to be stated in jurat or attestation clause ...................................................................................................................... 2
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A Commissioner for Oaths must record the place and date of the oath or affidavit in the jurat or attestation clause.

6. Particulars to be stated in jurat or attestation clause Every Commissioner for Oaths before whom any oath or afﬁdavit is taken or made under this Act shall state truly in the jurat or attestation at what place and on what date the oath or afﬁdavit is taken or made.
7
Offences and penalties .................................................................................................................................................................................. 2
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A person who is not a Commissioner for Oaths appointed under this Act must not hold themselves out as one for the Act’s purposes.

7. Offences and penalties Any person who, not being a Commissioner for Oaths, appointed by or under this Act, shall hold himself out as a Commissioner for Oaths for the purposes of this Act, shall be guilty of an offence and shall be liable to a ﬁne not exceeding one thousand ﬁve hundred penalty units or, in default of payment, to imprisonment for a period not exceeding six months, or to both. [As amended by Act No. 13 of 1994] By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2

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Commissioners for Oaths Act, 1938

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Provisions of Commissioners for Oaths Act, 1938

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