Uganda Act or statute

Parliament of Uganda

Oaths Act

No person may be convicted or have judgment entered based solely on the uncorroborated evidence of someone who gave evidence without oath or affirmation. Certain judicial and court officers may ad…

Jurisdiction: Uganda
Structure: 14 provisions
Citation: Chapter 21
Dates: As at 31 Dec 2023

More statute details

Dates: As at 31 Dec 2023

Source attribution: Source: Uganda Legal Information Institute

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Purpose and legislative effect

“The oaths that must be taken when required are the oaths set out in Schedule 1 to this Act.”

No person may be convicted or have judgment entered based solely on the uncorroborated evidence of someone who gave evidence without oath or affirmation. Certain judicial and court officers may administer oaths, affirmations or affidavits; court registrars may do so with approval and under the supervision of the presiding officer. Oaths or affidavits required for Ugandan courts or registrations may be taken outside Uganda before a person authorized to administer oaths in that place. Uganda officials of rank secretary or above at embassies, legations or consulates may administer oaths, take affidavits and perform notarial acts abroad. The President may, in writing, require holders of any office to take or affirm the Judicial Oath or Oath of Allegiance; may amend Schedules 1 and 2 by statutory instrument; and may make regulations to apply the Act to non-citizens with prescribed modifications.

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1. Oaths to be taken

The oaths that must be taken when required are the oaths set out in Schedule 1 to this Act.

Section 1

12. Taking oaths out of Uganda

Oaths or affidavits required for Ugandan courts or registrations may be taken outside Uganda before a person authorized to administer oaths in that place.

Section 12

3. Unnecessary repetition of Oaths

People who have already taken the Oath of Allegiance or the Judicial Oath in Uganda do not have to take that same oath again on appointment to another office; likewise, a person appointed temporarily to act in another's place need not t…

Section 3

6. Place and date of oath

Commissioners for oaths and notaries public must record in the jurat or attestation the place and date when any oath or affidavit is taken or made.

Section 6

9. Persons under age

Section 9

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Source record from ulii.org · As at 31 Dec 2023

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Showing 14 of 14 provisions

Provision 12AmendmentSubstitution

§ 11. Oaths to be takenProvision

The oaths that must be taken when required are the oaths set out in Schedule 1 to this Act.

Section 1. Oaths to be taken Section The oaths which shall be taken as occasion shall demand shall be the oaths set out in Schedule 1 to this Act.

Section 1Verify source

§ 1010. CorroborationProvision

No person may be convicted or have judgment entered based solely on the uncorroborated evidence of someone who gave evidence without oath or affirmation.

Section 10. Corroboration Section A person shall not be convicted or judgment given upon the uncorroborated evidence of a person who shall have given his or her evidence without oath or affirmation.

Section 10Verify source

§ 1111. Authority to administer oathsProvision

Certain judicial and court officers may administer oaths, affirmations or affidavits; court registrars may do so with approval and under the supervision of the presiding officer.

Section 11. Authority to administer oaths Section 11(1) The Chief Justice, a judge of the High Court, the chief registrar of the High Court, a magistrate, a notary public and any commissioner for oaths may administer any lawful oath or take any lawful affirmation or affidavit which may be required to be taken or made for the purpose of complying with the requirements of this Act or of any law for the time being in force in Uganda or elsewhere, except where such procedure is expressly or by necessary implication manifestly excluded by the terms of such law as aforesaid; and the presumption shall be against any such exclusion. Section 11(2) The registrar of any court and the officer performing the duties of registrar in any court may, with the approval, and subject to the supervision and control of the person presiding over the court, administer or tender to any person about or intending to give evidence before that court any oath, affirmation, or declaration which that person may require or be required to make before that court.

Section 11Verify source

§ 1212. Taking oaths out of UgandaProvision

Oaths or affidavits required for Ugandan courts or registrations may be taken outside Uganda before a person authorized to administer oaths in that place.

Section 12. Taking oaths out of Uganda Section 12(1) Any oath or affidavit required for any court or matter in Uganda, or for the purpose of the registration of any instrument in any part of Uganda, may be taken or made in any place out of Uganda before any person having authority to administer an oath in that place. Section 12(2) In the case of a person having such authority otherwise than by the law of a country out of Uganda, judicial and official notice shall be taken of his or her seal or signature affixed, impressed or subscribed to or on any such oath or affidavit.

Section 12Verify source

§ 1313. Powers of Uganda officials abroadProvision

Uganda officials of rank secretary or above at embassies, legations or consulates may administer oaths, take affidavits and perform notarial acts abroad.

Section 13. Powers of Uganda officials abroad Section 13(1) Every Uganda official of the rank of secretary or above in a Uganda embassy or legation or consulate may, in any country where he or she exercises his or her functions, administer any oath and take any affidavit and also do any notarial act which any notary public can do within Uganda. Section 13(2) Any oath, affidavit and notarial act administered, sworn or done before any such person shall be as effectual as if duly administered, sworn or done by or before any lawful authority in any part of Uganda. Section 13(3) Any document purporting to have affixed, impressed or subscribed on it or to it the seal or signature of any person authorised by this section to administer an oath, in testimony of any oath, affidavit or act being administered, taken or done by or before him or her shall be admitted in evidence without proof of the seal or signature of that person, or of the official character of that person.

Section 13Verify source

§ 1414. Additional oathsAmendment

The President may, in writing, require holders of any office to take or affirm the Judicial Oath or Oath of Allegiance; may amend Schedules 1 and 2 by statutory instrument; and may make regulations to apply the Act to non-citizens with prescribed modifications.

Section 14. Additional oaths Section 14(1) The President may, in writing, require the holder of any office to take or affirm the Judicial Oath or the Oath of Allegiance. Section 14(2) The President may, by statutory instrument, amend Schedules 1 and 2 to this Act and may, by the same or any other statutory instrument, make regulations providing that this Act shall apply in relation to persons who are not citizens of Uganda subject to such modifications as may be prescribed by the regulations.

Section 14Verify source

§ 22. Officers to take oathsProvision

A person appointed to an office listed in the second column of Schedule 2 must take the oath set out in the first column of that Schedule; the oath is to be administered by the authority named in the third column of the Schedule.

Section 2. Officers to take oaths Section A person appointed to an office set out in the second column of Schedule 2 to this Act shall take the oath specified in the first column of the Schedule which shall be administered by the authority specified in the third column of the Schedule.

Section 2Verify source

§ 33. Unnecessary repetition of OathsProvision

Section 3. Unnecessary repetition of Oaths Section 3(1) A person who has duly taken the Oath of Allegiance or the Judicial Oath in Uganda as provided in this Act shall not be required again to take that oath on appointment to any other office or on any other occasion. Section 3(2) A person appointed to act in any office or capacity in the place of any other officer or person shall not be required to take any oath on the occasion of that appointment, unless the oath required to be taken in respect of that appointment is different from or in addition to any oath duly taken by that person in respect of any other appointment, permanent or temporary.

Section 3Verify source

§ 44. Omission to take oath or make affirmationProvision

If a person who has already entered on their office refuses to take the oath or make an affirmation, they are deemed to have vacated that office from the date of refusal.

Section 4. Omission to take oath or make affirmation Section if he or she shall have already entered on his or her office, be deemed to have vacated that office from the date of refusal; and

Section 4Verify source

§ 55. Form and manner in which oath may be takenProvision

Specifies how a person must take an oath: a person required to take an oath must (when Christian/Jew/Muslim) hold the appropriate sacred text in an uplifted hand and repeat the prescribed words; the oath may be taken in any other lawful manner; if physically incapable the person may hold the text otherwise or have it held by the administrator.

Section 5. Form and manner in which oath may be taken Section 5(1) Whenever any oath is required to be taken under the provisions of this or any other Act, or in order to comply with the requirements of any law in force for the time being in Uganda or any other country, the following provisions shall apply, that is to say, the person taking the oath may do so in the following form and manner— Section 5(1)(a) he or she shall hold, if a Christian, a copy of the gospels of the four evangelists or of the New Testament, or if a Jew, a copy of the Old Testament, or if a Moslem, a copy of the Koran, in his or her uplifted hand, and shall say or repeat after the person administering the oath the words prescribed by law or by the practice of the court, as the case may be; Section 5(1)(b) in any other manner which is lawful according to any law, customary or otherwise, in force in Uganda. Section 5(2) For the purposes of this section, where a person taking the oath is physically incapable of holding the required copy in his or her uplifted hand, he or she may hold the copy otherwise, or, if necessary, the copy may be held before him or her by the person administering the oath.

Section 5Verify source

§ 66. Place and date of oathProvision

Commissioners for oaths and notaries public must record in the jurat or attestation the place and date when any oath or affidavit is taken or made.

Section 6. Place and date of oath Section Every commissioner for oaths or notary public 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.

Section 6Verify source

§ 77. Absence of religious beliefProvision

Absence of religious belief at the time of taking a duly administered oath does not affect the validity of the oath.

Section 7. Absence of religious belief Section Where an oath has been duly administered and taken, the fact that the person to whom it was administered had, at the time of taking the oath, no religious belief, shall not for any purpose affect the validity of the oath.

Section 7Verify source

§ 88. AffirmationSubstitution

A person who objects to taking an oath may make a solemn affirmation instead.

Section 8. Affirmation Section A person who objects to the taking of an oath and desires to make an affirmation in lieu of the oath may do so without being questioned as to the grounds of that objection or desire, or otherwise; and in any such case, the form of the required oath shall be varied by the substitution for the words of swearing, the words, “I solemnly, sincerely and truthfully affirm that....”, and such other consequential variations of form as may be necessary shall thereupon be made; except that in any case where the Oath of Allegiance is taken, for the words “truthfully affirm” in this section there shall be substituted the words “truly declare and affirm”, and the words “So help me God” shall be omitted.

Section 8Verify source

§ 99. Persons under ageProvision

If a court or officer finds a person should not take an oath (for example, due to immature age), the court or officer must record that the evidence or declaration was given without oath or affirmation and the reasons; if the person is competent to affirm and the court or officer directs, that person must make an affirmation as provided by section 8.

Section 9. Persons under age Section 9(1) Notwithstanding sections 1 to 8 , if it appears to a court or officer before whom an oath other than a promissory oath is to be taken or affirmation other than a promissory affirmation is to be made that the person about to take the oath or make the affirmation ought not— Section 9(1)(a) by reason of immature age; or Section 9(1)(b) for any other sufficient cause, Section 9(2) In any case falling within subsection (1) , the court or officer shall enter in the minutes of the proceedings or on the instrument or document concerned, as the case may be, a note of the fact of the evidence or declaration having been given or made without oath or affirmation, and of the reasons therefor; except that if any person declining or objecting to take an oath shall, in the opinion of the court or officer, as the case may be, be competent to make an affirmation, that person shall, on the court or officer so directing him or her, thereupon make an affirmation as provided by section 8 .

Section 9Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Allegiance or the Judicial Oath in Uganda as provided in this Act
Section 3

N–S

2 instruments

Schedule 2 to this Act
Section 2
Schedules 1 and 2 to this Act
Section 14

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31 Dec 2023 · currentEnglish

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