Zambia Act or statute

Zambia legislation

Official Oaths Act, 1990

Certain judges and judicial officers must take and subscribe the Oath of Allegiance and the Judicial Oath before entering duties. The Oath of Office must be in the form set out in the Tenth Schedule.…

compliancegovernment authorityoaths and office eligibilityprocedural obligationspublic sector compliance

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01

Purpose and legislative effect

“Certain judges and judicial officers must take and subscribe the Oath of Allegiance and the Judicial Oath before entering duties.”

Certain judges and judicial officers must take and subscribe the Oath of Allegiance and the Judicial Oath before entering duties. The Oath of Office must be in the form set out in the Tenth Schedule. A person who must take an oath under this law may instead make a solemn affirmation if they object to taking the oath or want to affirm instead. A person who has already taken an oath under this Act generally does not have to take it again when appointed to certain other offices, unless the new oath is different or additional. An act done in official duties is not invalid just because the person did not take or subscribe a required oath.

02

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Section 19

Several officeholders must take an oath or affirmation, keep certain information confidential, and give counsel to the President when required.

Section 19

04

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Source record from zambialii.org · As at 31 Dec 1996

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Showing 9 of 9 provisions

Provision 7SubstitutionCommencement
§ 5(1) The Chief Justice, the Deputy Chief Justice, a judg�Provision

Certain judges and judicial officers must take and subscribe the Oath of Allegiance and the Judicial Oath before entering duties.

5. (1) The Chief Justice, the Deputy Chief Justice, a judg� of the Supremo Court, a puisne judge or a Commissioner of the High Court shall not enter upon the dntiei:i of hiq office unless he has taken and subscribed tho Oath of Allegiance as set out in the Ninth Schedule and the Judicial Oath as set out in the Eighth Schedule, and both oaths shall be o.dministered by and subscribed before the Prcsiden t. (2) A judicial officer appointed to an office under Article 116 of the Constitution or a person lawfully appointed to act in or perform the functions of that office, shall not enter upon the dutieR of his uffice unless be has taken and subscribed the Ot1.th of Allegiance a� set out in tho Niuth Schtdule and the Judicial Oath as set out in the Eighth Schedule, and both oaths shall be administered by and subscribed before the Chief J ustioe.
§ 6The Oath of Office shall be in the form set out in theProvision

The Oath of Office must be in the form set out in the Tenth Schedule.

6. The Oath of Office shall be in the form set out in the Tenth Schedltle.
§ 7A person required to take an oath under this Act or anySubstitution

A person who must take an oath under this law may instead make a solemn affirmation if they object to taking the oath or want to affirm instead.

7. A person required to take an oath under this Act or any other written law who expresses any objection to taking u.n oath or who expresses a desire to make an affirmation instea,d, without being que.o;;t ioncd as to the grounds of his objection or desire or otherwise, may make a solemn affirmation in the form of tho oath, substituting the words "solemnly and sin­ cerely declared and affirm" for the word" s,vear" and omitting the words "So help me God" and his subscription of the affirmation shall be accordingly amended.
§ 8Where any person who has taken an oath by reason of theProvision

A person who has already taken an oath under this Act generally does not have to take it again when appointed to certain other offices, unless the new oath is different or additional.

8. Where any person who has taken an oath by reason of the provisions of this Act is O.J,pointed to, or to act in, some other office whereby he is required to tnkc the Oath of Allegiance, the Judicial Oi1,th or the Oatl1 of Office. or to be In attendance on t-be Cabinet or Central Committee, he shall not be required to tnke any oath by reason of such appointment unless the oath required to be taken thel'eon is diffNent from or in addition to any oath already taken by him and duly recorded in respect of any previous appointment: Provided that nothing in this Aeotion shall apply to a person on assuming the office of President, Secretary-General or Judge.
§ 9Any act done by any person in tho execution or purportedProvision

An act done in official duties is not invalid just because the person did not take or subscribe a required oath.

9. Any act done by any person in tho execution or purported execution of his official duties shaU not be rendered invalid by reason only of 1,he omission of that person to take or subscribe an oath required by law to bo taken or su bsoribed.
§ 10(1) Every oath s11bscribcd, and n rrcord of every oathProvision

Oaths and oath records under this Act or other written law must be forwarded to the proper officer.

10. (1) Every oath s11bscribcd, and n rrcord of every oath taken and subscribed, under this Act or tmy other written law shall ho forwa,rded to the proper officer, and any oath or record produced from the custody of the proper offcer shall be evidence for all purposrs that tho oath was duly and prO.f:Jerly take:u or subscribed undor tho provisions of this .Act or the relevao.t written law, as tbe case may bo. OJffoial Oaths [No. 4 of 1990 13 (2) For the purpose of this section, "proper officer" means: (a) in respect of oaths taken or subscribed before the National Assembly or the House of Chiefs, the Clerk of the National Assembly or the Clerk of the House of Chiefs, as the case may be; (b} i.J1 respect of oaths taken or subscribed under provision of section eight, the Registrar of the High Court; (c) in respect of any other oaths, the Secretary to the Cabinet: Provided that the Secretary to the Cabinet, by notice published in the Gaz.ette may appoint any person to be the proper officer in respect of any oath or cla.ss of oaths to which this paragraph ap):llies.
Section 10Verify source
§ 11(1) The President may by statutory instrumentProvision

The President may, by statutory instrument, require certain offices or persons to take and subscribe an oath before acting or doing the work.

11. (1) The President may by statutory instrument- (a) specify any office to which a pt,rson appointed, elected or nominated, shalJ not act or perform duties of thit.t office unless he has taken and subscribed the Oath of Office as set out in the Tenth Schedule; (b) require nny pE.'rson, before performing the duti� of an} other office, tu take and subscribe, any oath prescribed in this Act before the official specified u1 the instru­ ment. (2) Notwithstanding the proviAions of section eiqht the President may require any person attending directly or in­ directly on the President or engaged in any work for the Republic to take and to subscribe, any oath p1·escribed in this Act before any official the President may designate. Powers of tbe President
Section 11Verify source
§ 12(I) The officia.J Onth:; Act is hereby repealedCommencement

This section repeals the Act and preserves earlier oaths already lawfully taken.

12. (I) The officia.J Onth:; Act is hereby repealed. (2) NotwithAtanding the provisions of subsection (1), any oath which was lu.wfully taken and subscribed prior to the commencement of this Act shaU be deemed to have been properly taken and subAcribcd under this Act. Repeal and savings Cap. 436 -14 No. 4 of 1990] Official, OathB FIRST SCHEDULE (S,ctiqn 3) O.&.TK OJ!' l'RBSIOBNT I ....................................................... ,having boon constitutionally eleoted/re-elected to the omce of President of the Republic of Zambia, do swf'ar/rufirm that I will faithfully and diligently discharge my duties ond perform my functions in this high office; thot I will uphold and maintain the Constitution and Laws of Zambia and that I will dedicate my abilities to the service and welfa.re of the people of Zambia without fear, favour, or ill will. So HBLP Ms Goo. Sworn at ................••...•...... th.is ............. ....... day of Preaident
Section 12Verify source
§ 19Section 19Provision

Several officeholders must take an oath or affirmation, keep certain information confidential, and give counsel to the President when required.

19 ..... . Before me, SECOND SCHEDULE (Section 4) O.&.TIC OF 8BORl!TA.RY•0BNIIRA.L I. .•................................................... , Secretru-y- Genere.l, do ewear/nffirrn thot I will well ond diligently discharge my duties, a.ud !"'rform my functions under the Constitution of Zambia, that 1 will not directly or inclireot ly reveal or transmit any such information or matter a.a ehnll be brouglJt under my cous.iderat1on, or shiLll bti ma<le known to me, by reason of rn>' of1ioe except as may l>A requirod in the discharge of ,uy dutitis e.s such or with t.he authority of the President; nnd tbat r will, to the be�L of my ab1hty at o.11 timllll when so re4uired, give my coutlll01 e.nd advice 10 the Pn,�ident for the good mo.nt:Lgement of the public eJfoini of the Republic of Zambia. So HBLP Ms Goo. . . . . . . . . . . . . . . . .. . . . (Signature) Sworn ot .••••.••.•..•••.•.•••••••. this ......... ............. day of ...••.. ....•....•••.••..•..•• 19 ..... . Before me, President Ojficial Oath-$ [No. 4 of 1990 15 THIRD SCHEDULE (Section 5) OATH Oll' PIUMB MJ:msTBB I. . . . . .. ...... ... .............. . ...... ............... , having been appointed Prime Minister in the Government of the Republio of Zambia, do ewear/a.ffi.rm tha.t I will well and diligently discharge my duties and perform my functions in the office of Prime Minister, that I will not directly or in­ directly reveal or tr&n.11mit any such information or matter as shall bo brought under my conaidora.tion, or shall be made known to me, by reason of my office except as may bo required in the discharge of my duties as such or with the authority of the President; and tha.t I will, to the boat of my judgement and ability, at all times when so required, give counsel a.nd advice to the President for the good ma,nasement of the public affairs of tho Republic of Zambia . So HBLP MB Gon. • (Signature) Swom at. . • • • • • • • • . • • . . • . . • . . • . • • • . . this . . . . .. . . .... .... .. .. clay of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 • • • • . . Before mo, Presid ent FOURTH SCHEDULE (Section 6) OA'l'll OJI' SB0lJ.ETARY 0.ll' STATB FOR DBJl'BNOB AND SBOURITY I, . ....................... ....... ... .... .... . ...... ... , having been appointod Secrctury of Sto.te for Defonce and Security in the Government of the Republic of Zambia, do swear/affirm that I will well and diligently discharge my dutiee and perform my functions in tho office of the Secretary of State for Defence and Security; that I will not directly or indirectly reveal or transmit any such information or matter as shall bo brought under my consideration, or shall be mado known to me, by reason of my office exc:ipt as may be required in tho discharge of my duties as such or with the authority of the President; and that I will, to the best of my judgement and ability at all times when so required, give counsel and advice to the President for the good management of the public affairs of tho Republic of Zambia. So HBLP MB Goo. Sworn at • • • • • • • • • • • • • • • • • • • • this ........ . . . . . . . . . . . . . . . . . . day of • . . . . . . . . • . • • • • • . . • • . • , 19 . . • • Before me, 16 No. 4 of 1990) Official Oath8 FIFTH SCHEDULE (Section 6) OATH OF SPJ!AXBR (Swor» before the National A&'Je1nWfl ) I. .. . . . ..... . . . . ..... . ...... . . . , having boon a.ppointeu Speaker of tho Natione.1 Assembly do s,vee.r/o.ffirm that I will woll and diligently d.ischarge my duties e.nd perform my funolions in the office of the Spea,ker of tho National Assembly; that I will not c.HrucUy or indiroctly reveal or t,re.nsmit any suoh information or matter a.a shall be brought undor my consideration, or shall be made known to me, by reo.son of my office except e,s me.y be required in tho disohargo of my duties as suob or with the authority of the President. So HBLP Ms GoD. SIXTH SCHEDULE (S11ct.On 7) • OAT11 OF MBMBBR OJ!' CBNTBAt COMMITTBB I. .... . . . . . . .. .. . ... . . . . .. . . ... , having been appointed Membe1· of Central Committ.ee do sweo.r/aflln:n th.at I will woll and diligently discharge my duties e.nd perform my funotions in tho office of Member of Central Committee, that I will not directly or indirootly reveal or trnnsmit any such information or matter as shall be brought under my consideration, or shall be made known to me, by reason of my office except as may be required in the discharge of my duties as such or with the authority of the President; and that T will to the best of my ability at oil times when so required, give my counsel and advice to the President for the good management of the public affairs of the Republio of Zambia. So HBLP Ml! GOD. (Signatur11) Sworn at . . ..... . . . . . . . .. ... . , this . . . . . . . . • • . • • • • • • . . . . . . . day of . . . . . . . . . . . . . . . . . . . . , 10 . . . . Before me, Prtsidll»t
Section 19Verify source

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  • A person who has already taken an oath under this Act

    Section 8

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  • 31 Dec 1996 · currentEnglish

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