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The Laws of Zambia
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REPUBLIC OF ZAMBIA
THE OFFICIAL OATHS ACT
CHAPTER 5 OF THE LAWS OF ZAMBIA
CHAPTER 5 THE OFFICIAL OATHS ACT
THE OFFICIAL OATHS ACT
ARRANGEMENT OF SECTIONS
Section
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1. Short title
2. Interpretation
3. Oath of President
4. Oath of Vice-President, Minister or Deputy Minister
5. Judicial Oath
6. Oath of Office
7. Affirmation
8. Unnecessary repetition of oaths
9. Failure to take Oath
10. Custody of oaths
11. Powers of the President
12. Repeal and savings
FIRST SCHEDULE-Oath of President
SECOND SCHEDULE-Oath of Vice-President
THIRD SCHEDULE-Oath of Speaker
FOURTH SCHEDULE-Oath of Minister or Junior Minister
FIFTH SCHEDULE-Judicial Oath
SIXTH SCHEDULE-Oath of Allegiance
SEVENTH SCHEDULE-Oath of Office
CHAPTER 5
OFFICIAL OATHS
An Act to repeal and replace the Official Oaths Act; to revise the oaths to be taken
and subscribed by various office holders, and to provide for matters
connected with or incidental to the foregoing.
[11th May, 1990
Act No.
4 of 1990
Statutory Instrument
127 of 1991
1. This Act may be cited as the Official Oaths Act. Short title
2. (1) In this Act, unless the context otherwise requires-
"Oath" includes affirmation;
"Vice-President" means the Vice-President of the Republic of Zambia;
Interpretation
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(2) In this Act, unless the context otherwise requires, a reference to the holder of an
office by the term designating his office shall be construed as including a reference to any
person for the time being lawfully acting in or performing the functions of that office.
3. A person assuming the Office of President shall take and subscribe the Oath of
President as set out in the First Schedule, and the oath shall be administered by and
subscribed before the Chief Justice.
Oath of President
4. A person assuming the Office of Vice-President, Speaker of the National
Assembly, Minister or Deputy Minister shall not perform the duties of his office unless he
has taken and subscribed the Oath of Allegiance as set out in the Sixth Schedule and the
Oath of his office as set out in the Second, Third, Fourth and Seventh Schedules,
respectively.
(As amended by S.I. No. 127 of 1991)
Oath of Vice-President
Speaker, Minister and
Deputy Minister
5. (1) The Chief Justice, the Deputy Chief Justice, a judge of the Supreme Court, a
puisne judge or a Commissioner of the High Court shall not enter upon the duties of his
office unless he has taken and subscribed the Oath of Allegiance as set out in the Sixth
Schedule and the Judicial Oath as set out in the Fifth Schedule, and both oaths shall be
administered by and subscribed before the President.
Judicial Oath
(2) A judicial officer appointed to an office under Article 91(1)(c) of the Constitution
or a person lawfully appointed to act in or perform the functions of that office, shall not
enter upon the duties of his office unless he has taken and subscribed the Oath of
Allegiance as set out in the Sixth Schedule and the Judicial Oath as set out in the Fifth
Schedule, and both oaths shall be administered by and subscribed before the Chief
Justice.
Cap. 1
6. The Oath of Office shall be in the form set out in the Seventh Schedule. Oath of Office
7. A person required to take an oath under this Act or any other written law who
expresses any objection to taking an oath or who expresses a desire to make an
affirmation instead, without being questioned as to the grounds of his objection or desire
or otherwise, may make a solemn affirmation in the form of the oath, substituting the
words "solemnly and sincerely declared and affirm" for the word "swear" and omitting the
words "So help me God" and his subscription of the affirmation shall be accordingly
amended.
Affirmation
8. Where any person who has taken an oath by reason of the provisions of this Act
is appointed to, or to act in, some other office whereby he is required to take the Oath of
Allegiance, the Judicial Oath or the Oath of Office, or to be in attendance on the Cabinet
he shall not be required to take any oath by reason of such appointment unless the oath
required to be taken thereon is different from or in addition to any oath already taken by
him and duly recorded in respect of any previous appointment:
Unnecessary
repetition of Oaths
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Provided that nothing in this section shall apply to a person on assuming the office of
President, Vice-President or Judge.
9. Any act done by any person in the execution or purported execution of his
official duties shall not be rendered invalid by reason only of the omission of that person to
take or subscribe an oath required by law to be taken or subscribed.
Failure to take Oath
10. (1) Every oath subscribed, and a record of every oath taken and subscribed,
under this Act or any other written law shall be forwarded to the proper officer, and any
oath or record produced from the custody of the proper officer shall be evidence for all
purposes that the oath was duly and properly taken or subscribed under the provisions of
this Act or the relevant written law, as the case may be.
Custody of Oaths
(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) in 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
Gazette may appoint any person to be the proper officer in respect of any
oath or class of oaths to which this paragraph applies.
11. (1) The President may by statutory instrument- Powers of the
President
(a) specify any office to which a person appointed, elected or nominated, shall
not act or perform duties of that office unless he has taken and subscribed
the Oath of Office as set out in the Seventh Schedule;
(b) require any person, before performing the duties of any other office, to take
and subscribe, any oath prescribed in this Act before the official specified in
the instrument.
(2) Notwithstanding the provisions of section eight the President may require any
person attending directly or indirectly on the President or engaged in any work for the
Republic to take and to subscribe, any oath prescribed in this Act before any official the
President may designate.
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12. (1) The Official Oaths Act is hereby repealed. Repeal and savings
Cap. 436 (of the
revised edition of
1972)
(2) Notwithstanding the provisions of subsection (1), any oath which was lawfully
taken and subscribed prior to the commencement of this Act shall be deemed to have
been properly taken and subscribed under this Act.
FIRST SCHEDULE
(Section 3)
OATH OF PRESIDENT
I ...................................................................................................................., having been
constitutionally elected/re-elected to the Office of President of the Republic of Zambia, do
swear/affirm that I will faithfully and diligently discharge my duties and perform my functions in this
high office; that I will uphold and maintain the Constitution and Laws of Zambia and that I will
dedicate my abilities to the service and welfare of the people of Zambia without fear, favour, or ill will.
SO HELP ME GOD.
............................................................
President
Sworn at .................................................... this .................................................... day of
.................................................................., 19.......
Before me,
............................................................
Chief Justice
SECOND SCHEDULE
(Section 4)
OATH OF VICE-PRESIDENT
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I ................................................................................................................, Vice-President do
swear/affirm that I will well and diligently discharge my duties, and perform my functions under the
Constitution of Zambia, that I will not directly or indirectly reveal or transmit any such information or
matter as shall be brought under my consideraton, 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 I will, to the best of my ability at all times when so required, give my counsel and
advice to the President for the good management of the public affairs of the Republic of Zambia.
SO HELP ME GOD.
............................................................
(Signature)
Sworn at .................................................... this .................................................... day of
.................................................................., 19.......
Before me,
............................................................
President
THIRD SCHEDULE
(Section 4)
OATH OF SPEAKER
(Sworn before the National Assembly)
I .................................................................................., having been appointed Speaker of the National Assembly do
swear/affirm that I will and diligently discharge my duties and perform my functions in the office of the Speaker of the
National Assembly; that I will not directly or indirectly reveal or transmit 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.
SO HELP ME GOD.
FOURTH SCHEDULE
(Section 4)
OATH OF MINISTER OR JUNIOR MINISTER
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I ...................................................................................................., having been appointed
...................................................................... in the Government of the Republic of Zambia, do swear/affirm that I will in this
office well and truly serve the Republic and the President of Zambia; and I will not directly or indirectly reveal or transmit
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.
SO HELP ME GOD.
............................................................
(Signature)
Sworn at .................................................... this .................................................... day of
.................................................................., 19.......
Before me,
............................................................
President
FIFTH SCHEDULE
(Section 5)
JUDICIAL OATH
I ...................................................................................................., having been appointed
................................................................................... do swear/affirm that I will well and truly serve the Republic and the
President of Zambia, that I shall not directly or indirectly reveal or transmit 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 I will do justice in accordance with the
Constitution of Zambia as by law established, and in accordance with the Laws of Zambia, without fear, favour, or ill will.
SO HELP ME GOD.
............................................................
(Signature)
Sworn at .................................................... this .................................................... day of
.................................................................., 19.......
Before me,
............................................................
President
SIXTH SCHEDULE
(Sections 4 and 5)
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OATH OF ALLEGIANCE
I .............................................................................................................., do swear/affirm that I will be faithful and bear
allegiance to the President of the Republic of Zambia, and that I will preserve, protect and defend the Constitution of
Zambia, as by law established.
SO HELP ME GOD.
............................................................
(Signature)
Sworn at .................................................... this .................................................... day of
.................................................................., 19.......
Before me,
............................................................
President
SEVENTH SCHEDULE
(Section 11)
OATH OF OFFICE
I ...................................................................................................................., having been
appointed/elected/nominated.........................................do swear/affirm that I will well and truly serve the Republic and the
President of Zambia; that I will be faithful and bear true allegiance to the President and the Republic of Zambia, that I will
preserve, protect and defend the Constitution of Zambia, as by law established; and that I will not directly or indirectly
reveal or transmit 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.
SO HELP ME GOD.
............................................................
(Signature)
Sworn at .................................................... this .................................................... day of
.................................................................., 19.......
Before me,
............................................................
President
