CHAPTER 33
COMMISSIONERS FOR OATHS ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Appointment of Commissioners for Oaths

   4.   Annual publication of list of Commissioners for Oaths

   5.   Powers of Commissioners

   6.   Particulars to be stated in jurat or attestation clause

   7.   Offences and penalties

AN ACT

to make provision for the appointment of Commissioners for Oaths

{mprestriction ids="1,2,3,5"}

[6th January, 1939]

Act 44 of 1938,

Act 51 of 1951,

Act 13 of 1994,

GN 303 of 1964,

GN 497 of 1964.

 

1.   Short title

This Act may be cited as the Commissioners for Oaths Act.

 

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) 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.

[S 3 am by Act 51 of 1951; GN 303 of 1964.]

 

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 sub-section (2) of the preceding section and cause the same to be published in the Gazette.

 

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.

[S 5 am by Act 51 of 1951.]

 

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

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.

[S 7 am by Act 13 of 1994.]

 
 

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