Oaths and Statutory Declarations Act

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Published: 1979-08-20

Oaths and Statutory Declarations Act


2008 Revised Edition

CAP. 7.48






OATHS AND STATUTORY
DECLARATIONS ACT

Oaths and Statutory Declarations Act CAP. 7.48 Arrangement of Sections





2008 Revised Edition


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OATHS AND STATUTORY DECLARATIONS ACT

Arrangement of Sections
Section
1 Short title................................................................................................................ 5
2 Interpretation.......................................................................................................... 5
3 Judicial oath ........................................................................................................... 6
4 Oath relating to Cabinet business .......................................................................... 6
5 Unnecessary repetition........................................................................................... 6
6 Consequence of omission to take oath................................................................... 6
7 Taking and validity of oaths .................................................................................. 7
8 Provision for certain persons to affirm .................................................................. 7
9 Commissioners for Oaths....................................................................................... 7
10 Authority to administer oaths................................................................................. 8
11 Authority for making affidavits and statutory declarations ................................... 8
12 Affidavits and statutory declarations made in Tuvalu ........................................... 8
13 Affidavits and statutory declarations made outside Tuvalu................................... 8
14 Admissibility of documents ................................................................................... 9


SCHEDULE 1 10

FORM 1 - JUDICIAL OATH 10

FORM 2 - OATH RELATING TO CABINET BUSINESS 10

SCHEDULE 2 10

JUDICIAL OFFICERS 10

SCHEDULE 3 10

PERSONS EMPOWERED TO ADMINISTER OATHS 11

Arrangement of Sections CAP. 7.48 Oaths and Statutory Declarations Act





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SCHEDULE 4 11

FORM OF AFFIDAVIT 11

FORM OF STATUTORY DECLARATION 11

Supporting Documents

ENDNOTES 13

Oaths and Statutory Declarations Act CAP. 7.48 Section 1





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OATHS AND STATUTORY DECLARATIONS ACT

AN ACT TO MAKE PROVISION FOR THE TAKING OF OATHS, FOR
THE MAKING OF AFFIDAVITS AND STATUTORY DECLARATIONS

AND FOR MATTERS RELATING AND INCIDENTAL THERETO1

Commencement [20th August 1979]

1 Short title
This Act may be cited as the Oaths and Statutory Declarations Act.

2 Interpretation
In this Act, unless the context otherwise requires —

“Commissioner for Oaths” means a person appointed as such under section
9(1);

“disciplinary action” has the meaning ascribed to that term in section 2 of the
Public Service Act2;

“judicial oath” means an oath in Form 1 set out in Schedule 1;

“Justice of the Peace” means a person appointed as such under the
Magistrates’ Courts Act3;

“oath of allegiance” means an oath in the form set out as the first oath in
Annex 2 to the Constitution4;

“oath relating to Cabinet business” means an oath in Form 2 set out in
Schedule 1;

“public officer” has the meaning ascribed to that term in sections 104 and
105 of the Constitution.

Section 3 CAP. 7.48 Oaths and Statutory Declarations Act





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3 Judicial oath
(1) The oath of allegiance and the judicial oath shall be taken and subscribed by

each of the judicial officers named in Schedule 2 before such officer’s
assumption of office.

(2) The oath required to be taken under subsection (1) shall be administered in the
case of the Chief Justice or a Commissioner of the High Court by the
Governor-General and in the case of any other person by the Governor-
General, the Chief Justice, or some other person authorised by or under this
Act to administer oaths.

(3) The Minister may from time to time by order amend Schedule 2.

4 Oath relating to Cabinet business
(1) The Secretary to Government, Attorney-General, and any other person

required to attend meetings of Cabinet, other than as a Minister, shall at the
opening of the first meeting of the Cabinet which he attends take and
subscribe before the person presiding in the Cabinet at such meeting the oath
relating to Cabinet business.

(2) Any public officer who having taken the oath relating to Cabinet business
subsequently makes any disclosure or revelation contrary thereto shall be
liable to disciplinary action.

5 Unnecessary repetition
No person shall be required in respect of the same appointment to the same office to
take any oath relating to such office more than once.

6 Consequence of omission to take oath
Nothing herein contained shall render, or be deemed to render or to have rendered
invalid any act done or which hereafter may be done by any person in the execution
or intended execution of his official duties by reason only of the omission by such
person to take any oath which such person should take or have taken:

Provided that, if any person declines, neglects or omits, where any oath required to
be taken by him under this Act is duly tendered, to take such oath or make such
affirmation, he shall, if he shall have already entered on his office vacate the same,
and if he shall not have already entered on his office, be disqualified from entering
the same.

Oaths and Statutory Declarations Act CAP. 7.48 Section 7





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7 Taking and validity of oaths
(1) The normal manner of taking the Christian oath shall be for the deponent to

hold the New Testament in his raised right hand and to repeat the words “I
swear by Almighty God” followed by the substance of the oath.

(2) Nothing in this Act shall prevent any person from being sworn according to
the ceremonies of his own religion or in such manner as such person may
deem binding on his conscience.

(3) Where an oath has been duly administered and taken under this or any other
Act the fact that the person taking such oath had at the time no religious belief
shall not for any purpose affect the validity of such oath.

8 Provision for certain persons to affirm
(1) When any oath is required to be taken under the provisions of this or any

other Act, any person upon objecting to being sworn and stating as the ground
of such objection either that he has no religious belief or that the taking of an
oath is contrary to his religious belief shall be permitted to make a solemn
affirmation or declaration instead of taking such oath and shall make and
subscribe a solemn affirmation in the form of the oath appointed but
substituting the words “solemnly, sincerely and truly declare and affirm” for
the words “swear by Almighty God” and omitting the words “So help me
God”.

(2) In this and any other Act, references to the taking of an oath shall include
references to the making of an affirmation unless the context otherwise
requires.

9 Commissioners for Oaths
(1) The Chief Justice, may from time to time, by commission under his hand and

the seal of the High Court, appoint fit and proper persons to be
Commissioners for Oaths.

(2) A Commissioner for Oaths may, by virtue of his commission, administer any
oath or take any affidavit for the purposes of any court or matter in Tuvalu,
and take any bail or recognisance in or for the purpose of any civil proceeding
in the High Court or a magistrate’s court:

Provided that a Commissioner for Oaths shall not exercise any of the powers
conferred by this section in any proceeding in which he represents any of the
parties to the proceeding or in which he has an interest.

Section 10 CAP. 7.48 Oaths and Statutory Declarations Act





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10 Authority to administer oaths
(1) Every person holding any of the offices listed in Schedule 3 may administer

any lawful oath or take any affidavit, affirmation or declaration required by
this or any other Act (unless such oath is expressly required to be
administered by any other person) and in relation to any matter or proceeding
before him in the exercise of any judicial function conferred upon him by any
law.

(2) The Registrar of the High Court and any clerk of a Magistrate’s Court or
Island Court, acting under the directions of the judicial officer for the time
being presiding over any such court, may administer any lawful oath or take
any affidavit, affirmation or declaration which may be required to be taken in
relation to any matter or proceeding before the court to which he is appointed
as such Registrar or clerk, as the case may be.

(3) The foregoing provisions of this section shall be without prejudice to the
requirement that any oath required to be taken in any judicial proceedings
shall be taken in the course of those proceedings and in the presence of the
judicial officer presiding over such proceedings.

11 Authority for making affidavits and statutory declarations
Where under any Act or other law for the time being in force in Tuvalu a person is
required to make an affidavit or statutory declaration, whether by reference to the
Statutory Declarations Act 1835 or otherwise, such affidavit or statutory declaration
shall from and after the commencement of the Act be made under the provisions of
this Act.

12 Affidavits and statutory declarations made in Tuvalu
An affidavit or statutory declaration made in Tuvalu in pursuance of the
requirements of any Act or other law of Tuvalu shall be in the form respectively set
out in Schedule 4 and shall be made before a person authorised by or under this Act
to administer oaths.

13 Affidavits and statutory declarations made outside Tuvalu
An affidavit or statutory declaration made in a country other than Tuvalu for use in
Tuvalu shall be in the form respectively set out in Schedule 4 and shall be made
before a notary public, Commissioner for Oaths or any person authorised by the law
of the country to administer an oath there for the purpose of judicial proceedings.

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14 Admissibility of documents
Any document purporting to have affixed, impressed or subscribed thereon or
thereto the seal or signature of any person authorised by or under this Act to take an
affidavit or declaration shall be admissible in evidence without proof either that the
seal or signature is the seal or signature of that person or of the status of such person.



SCHEDULE 1 CAP. 7.48 Oaths and Statutory Declarations Act





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SCHEDULE 1

(Section 2)

FORM 1 - JUDICIAL OATH

The Judicial Oath shall be in the following form, that is to say —

“I ............................................................do swear by Almighty God that I will well and
truly serve Our Sovereign Lady Queen Elizabeth II Her Heirs and Successors, as a judicial
officer, and will do right to all manner of people after the laws and usages of Tuvalu,
without fear or favour, affection or ill-will. So help me God.”.

FORM 2 - OATH RELATING TO CABINET BUSINESS

“I ........................................................... swear by Almighty God that I will not on any
account, at any time whatever, disclose the counsel, advice, opinion or vote of any
particular member of the Cabinet, and that I will not, except with the authority of the
Governor-General and to such extent as may be required for the good management of the
affairs of Tuvalu, directly or indirectly reveal the business or proceedings of the Cabinet or
any matter coming to my knowledge in the course of my attendance at Cabinet meetings.
So help me God.”.

SCHEDULE 2

(Section 3 (1))

JUDICIAL OFFICERS

Chief Justice

Judge of Appeal

Commissioner of the High Court

Magistrate and Island Magistrate

Member of Lands Appeal Panel

Justice of the Peace.

SCHEDULE 3

(Section 10 (1))

Oaths and Statutory Declarations Act CAP. 7.48 SCHEDULE 4





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PERSONS EMPOWERED TO ADMINISTER OATHS

Governor-General

Chief Justice

Attorney-General

Commissioner of the High Court

Senior Magistrate

Magistrate

Justice of the Peace

Tuvalu High Commissioner or Consul (in the country to which appointed)

Commissioner for Oaths

Island Magistrate (on the island for which appointed).

SCHEDULE 4

(Sections 12 and 13)

FORM OF AFFIDAVIT

I ...........................................................................

of .........................................................................

make oath and say as follows ..........................................................................................

..........................................................................................................................................

SIGNED ................................................................
Sworn before me

................................................................. .

this .......................day of .....................................................................20 ........................

at ................................................................................................

SIGNED ................................................................

Office held...............................................Seal [if any)

FORM OF STATUTORY DECLARATION

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I ...........................................................................

of .........................................................................

do solemnly and sincerely declare that ...........................................................................

..........................................................................................................................................

And I make this solemn declaration conscientiously believing the same to be true and by
virtue of the Oaths and Statutory Declarations Act.

SIGNED ................................................................


Declared at ........................................................................................................................

this .......................day of .....................................................................20 ........................

before me

................................................................. .

SIGNED ................................................................

Office held...............................................Seal [if any)


Oaths and Statutory Declarations Act CAP. 7.48 ENDNOTES





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ENDNOTES


1 1990 Revised Edition, Cap. 6 – Acts 12 of 1979, 9 of 1987
2 Cap. 4.24
3 Cap. 7.36
4 Cap. 1.02
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