OATHS, AFFIRMATIONS AND DECLARATIONS: SUBSIDIARY LEGISLATION
COMMISSIONERS FOR OATHS RULES
under s. 8
G.N. 10/1968
These Rules may be cited as the Commissioners for Oaths Rules.
In these Rules, unless the context otherwise requires—
“affidavit” includes a deposition or other document containing a statement of fact to the truth of which the deponent swears or affirms;
“attest” includes the administration of an oath or affirmation and certifying that such administration has been done in accordance with these Rules;
“deponent” means the person making a statement contained in an affidavit;
“oath” includes affirmation.
3. When oath or affirmation made
In taking any affidavit, the commissioner for oaths shall ask the deponent if he believes in Almighty God and, if so, whether he agrees to make the oath. If the deponent answers both questions affirmatively he shall be required by the commissioner for oaths to make the oath. In all other cases he shall be required by the commissioner for oaths to make the affirmation.
(1) The form of words to be used in an affidavit which is sworn on oath shall be—
“I, …………………………………………., of ……………………………………….., (setting out the name, address and description of the deponent) make oath and say as follows:— ”
(2) In administering the oath the commissioner for oaths shall require the person making the oath to hold his right hand uplifted and, indicating the affidavit, utter the words “I swear by Almighty God the contents of this, my affidavit, are true.”
(3) The form of words to be used in an affidavit which is affirmed shall be—
“I, ……………………………………….., of ……………………………., (setting out the name, address and description of the deponent) solemnly, sincerely and truly declare and affirm as follows:—”.
(4) In administering the affirmation the commissioner for oaths shall cause the deponent to hold his right hand uplifted and, indicating the affidavit, utter the words— “I solemnly, sincerely and truly declare and affirm the contents of this, my affidavit, are true.”
(5) The deponent shall, after making the oath or affirmation, affix his usual signature in his own handwriting on the affidavit in the presence of the commissioner for oaths.
(6) If the deponent cannot write he shall affix his thumbprint on the affidavit in the presence of the commissioner for oaths.
(7) The signature or print affixed by the deponent to an affidavit shall, until the contrary is proved, be deemed to have been affixed in the presence of the commissioner for oaths attesting such affidavit.
5. Duties of commissioners for oaths
(1) No commissioner for oaths is required to attest an affidavit which is in a language which is not understood by him.
(2) Before attesting an affidavit the commissioner for oaths shall ask the deponent whether he knows and understands the contents of the affidavit and if his answer is in the affirmative the commissioner for oaths shall—
(a) certify below the deponent’s signature or mark that the deponent has acknowledged that he knows and understands the contents of the affidavit;
(b) thereafter set forth, in writing, the manner, place and date of attestation of the affidavit; and
(c) sign the affidavit by affixing his usual signature in his own handwriting over his designation and shall state below his designation the office held by him if he holds his appointment ex officio :
Provided that—
(i) if the deponent is unable to read the affidavit the commissioner for oaths shall, before attesting it, cause the affidavit to be read over to the deponent and shall include in his certificate a statement that he has done so;
(ii) if the affidavit is in a language not understood by the deponent the services of an interpreter may be employed to explain the nature and contents of the affidavit and in such case the commissioner for oaths shall include in his certificate a statement of the language in which that explanation was given and the name of the person who acted as interpreter and the interpreter shall sign such certificate in addition to the signature of the commissioner for oaths.
(3) The certificate of attestation of a commissioner for oaths may be in the form in the Schedule with such variations as the circumstances require.
6. When commissioner for oaths is required to attest
(1) If the commissioner for oaths is of opinion that the deponent does not understand the nature and contents of the affidavit by reason of infirmity of mind, intoxication or for any other cause, he shall refuse to attest it.
(2) A commissioner for oaths is not required to attest an affidavit outside business hours on business days.
(3) Subject to subrule (1) a commissioner for oaths may not arbitrarily refuse to attest an affidavit but if he has considered the matter…
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