The Notaries Public and Commissioners for Oaths Act

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CHAPTER 12
THE NOTARIES PUBLIC AND COMMISSIONERS
FOR OATHS ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Persons entitled to practise as Notaries Public and Commissioners for oaths.
4. Enrolment and granting of certificates.
5. Suspension or removal from roll.
6. Penalty for unlawfully practising.
7. Bar on Commissioner for Oaths practicing when interested.
8. Jurat to state when oath is taken.
9. Fees for certificates.
10. Certain public officers to have powers of Notary Public and Commissioner
for Oaths.
11. Foreign service officers to have powers of Notary Public.
12. Minister may empower foreign diplomatic or consular officers to exercise
powers of Notaries.
13. Chief Justice may make rules.
14. Amendment of Schedules.
15. Saving provisions.
SCHEDULES

ic or consular officers to exercise
powers of Notaries.
13. Chief Justice may make rules.
14. Amendment of Schedules.
15. Saving provisions.
SCHEDULES

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1. This Act may be cited as the Notaries Public and
Commissioners for Oaths Act. 2. In this Act, unless the context otherwise requires-
“practise as a Commissioner for Oaths” means perform,
mutatis mutandis, the functions and duties commonly
performed by a Commissioner for Oaths in England;
“practise as a Notary Public” means perform, mutatis
mutandis, the functions and duties commonly performed
by a Notary Public in England; and
“roll” means the roll of Notaries Public and Commissioners
for Oaths kept by the Registrar of the High Court in
accordance with the provisions of section 4. 3.–(l) Any of the following persons shall, except as provided in
subsection (2), be entitled to practise as a Notary Public and
Commissioner for Oaths in Mainland Tanzania in accordance
with the provisions of this Act and to levy fees in accordance
with the First Schedule-
(a) an advocate; and
(b) a person entitled to practise as a Notary Public in
England, Scotland, Northern Ireland or the Republic of
Ireland. Short title
Interpretation
Ord. No. 38 of 1955 s.

ed to practise as a Notary Public in
England, Scotland, Northern Ireland or the Republic of
Ireland. Short title
Interpretation
Ord. No. 38 of 1955 s.

2
Persons entitled
to practise
as Notaries
Public and
Commissioners
for oaths
Ord. No. 38 of 1955 s. 3
Act No. 9 of 1996 Sch. CHAPTER 12
THE NOTARIES PUBLIC AND COMMISSIONERS
FOR OATHS ACT
An Act relating to Notaries Public and Commissioners for Oaths. [27th January, 1928]
Ords. Nos. 5 of 1928
38 of 1955
46 of 1961
[R.L. Cap.12]
Acts Nos. 49 of 1964
1 of 1966
29 of 1967
13 of 1972
9 of l996
4 of 2016
GN. Nos. 22 of 1928
50 of 2012
308 of 2014

8 of 1955
46 of 1961
[R.L. Cap.12]
Acts Nos. 49 of 1964
1 of 1966
29 of 1967
13 of 1972
9 of l996
4 of 2016
GN. Nos. 22 of 1928
50 of 2012
308 of 2014

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THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT [CAP. 12 R.E. 2023]
(2) The following persons shall not be entitled to practise as
Notaries Public or Commissioners for Oaths:
(a) any advocate who is suspended from practice until the
period of suspension ends;
(b) any person whose name is removed from the roll of
advocates otherwise than at his own request, until his
name is restored to the roll of advocates;
(c) any person whose name is removed from the roll
of Notaries Public and Commissioners for Oaths or
who is suspended from practice as a Notary Public
or Commissioners for Oaths in any reciprocating
Commonwealth country for professional misconduct,
until his name is restored to the roll. (3) In this section the expression “advocate” has the same
meaning as in the Advocates Act, and the expression “roll of
advocates” means the roll of advocates kept by the Registrar of
the High Court in accordance with the provisions of Part II of
the Advocates Act.

l of
advocates” means the roll of advocates kept by the Registrar of
the High Court in accordance with the provisions of Part II of
the Advocates Act.

4.–(1) A person mentioned in section 3 who is entitled to
practise as a Notary Public and Commissioner for Oaths shall,
on application to the Registrar of the High Court and payment
to him of the prescribed fee, and upon signing a roll to be kept
by the Registrar, be granted a certificate in the form prescribed
in the Second Schedule, which certificate shall, subject to the
provisions of section 5, entitle him to practise as a Notary
Public and Commissioner for Oaths in Mainland Tanzania so
long as it is in force. (2) Every certificate shall cease to be in force after the 31st
December next following the date of issue, unless it is renewed. (3) Every certificate shall be renewed, by endorsement, upon
the application of the holder and payment of the prescribed
fee. (4) The granting of a certificate under this section and its
renewal shall be recorded in the roll. Cap. 341
Enrolment and
granting of
certificates
Ord. No. 38 of 1955 s. 4

certificate under this section and its
renewal shall be recorded in the roll. Cap. 341
Enrolment and
granting of
certificates
Ord. No. 38 of 1955 s. 4

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THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT [CAP. 12 R.E. 2023]
(5) Where a certificate granted under this section is lost,
destroyed or mutilated it shall be replaced by a fresh certificate
upon the application of the person entitled to it and payment
of the prescribed fee. 5.–(1) A Notary Public and Commissioner for Oaths may be
suspended from practising or his name may be removed from
the roll by order of a judge of the High Court if he is guilty of
unprofessional conduct or if he otherwise becomes a person
who, under section 3(2), would not be entitled to practise as a
Notary Public or Commissioner for Oaths:
Provided that, such order shall not be made until the Notary
Public and Commissioner for oaths has had opportunity of
showing cause against such order.

rovided that, such order shall not be made until the Notary
Public and Commissioner for oaths has had opportunity of
showing cause against such order.

(2) Proceedings to suspend or remove from the roll the
name of a Notary Public and Commissioner for Oaths shall
be commenced by an application to a judge of the High Court
in chambers for a rule to issue to the Notary Public and
Commissioner for Oaths named to show cause why he should
not be suspended or why his name should not be removed
from the roll, as the case may be. (3) The application may be made by the Attorney General
or by the person aggrieved by the action of the Notary Public
and Commissioner for Oaths complained against. (4) In the event of a Notary Public or Commissioner for
Oaths being suspended from practice or his name being
removed from the roll in proceedings under subsection (3),
any certificate issued to him under the provisions of section
4 shall be deemed to be suspended for the duration of such
period of suspension or, in the case of the removal of his name
from the roll, to be cancelled. (5) A person suspended or whose name has been removed
from the roll shall be at liberty to appeal to the Court of Appeal
against the order of suspension or removal of his name within
thirty days of the making of the order. Suspension or
removal from roll
Ord. No.

Appeal
against the order of suspension or removal of his name within
thirty days of the making of the order. Suspension or
removal from roll
Ord. No.

38 of 1955 s. 5
Act No. 9 of 1996 Sch.

38 of 1955 s. 5
Act No. 9 of 1996 Sch.

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THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT [CAP. 12 R.E. 2023]
(6) Pending the hearing of the appeal, any person who
has been suspended from practise or whose name has been
removed from the roll shall not be entitled to practise except
where the period of suspension ends before the hearing of
the appeal, in which event he shall be at liberty to resume his
practice after the period of suspension has ended. (7) On appeal to the Court of Appeal, the Court may
confirm or set aside the order appealed against or, in the case
of an order of suspension, may vary the period and may make
any incidental order that it may deem necessary. (8) The Registrar of the High Court shall send to the High
Court of a reciprocating Commonwealth country a certified
copy of every order, including orders made on appeal, made
under or by virtue of this Act as to-
(a) removing the name of any person from the roll;
(b) restoring the name of any person to the roll;
(c) suspending any person from practice.

t as to-
(a) removing the name of any person from the roll;
(b) restoring the name of any person to the roll;
(c) suspending any person from practice.

(9) In subsection (8), the expression “reciprocating
Commonwealth country” has the same meaning as in section
25 of the Advocates Act. 6.–(1) Subject to the provisions of section 10, any person who
holds himself out to be a Notary Public or Commissioner
for Oaths or receives any fee or reward as a Notary Public or
Commissioner for Oaths, unless he holds a valid certificate
granted under this Act, commits an offence and on conviction,
shall be liable to a fine not exceeding one thousand shillings
and for a second or any subsequent offence to imprisonment
for a period not exceeding six months or to a fine not exceeding
two thousand shillings or to both. (2) This section shall not be construed as exempting any
person from any prosecution under the provision of any other
law to which he would otherwise be liable:
Provided that, a person shall not be punished twice for the
same offence. Cap. 341
Penalty for
unlawfully
practising
Ord. No. 38 of 1955 s. 6

liable:
Provided that, a person shall not be punished twice for the
same offence. Cap. 341
Penalty for
unlawfully
practising
Ord. No. 38 of 1955 s. 6

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THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT [CAP. 12 R.E. 2023]
7. A Commissioner for Oaths shall not exercise any of his
powers as a Commissioner for Oaths in any proceedings or
matter in which he is advocate to any of the parties or he is
interested. 8. Every Notary Public and Commissioner for Oaths before
whom any oath or affidavit is taken or made under this Act
shall insert his name and state truly in the jurat of attestation
at what place and on what date the oath or affidavit is taken or
made. 9. The fees in the Third Schedule are hereby prescribed for the
matters set out in that Schedule. 10.–(1) Every officer to whom this section applies shall
have the powers and duties of a Notary Public in respect of
administering oaths, taking affidavits, attesting signatures
and certifying copies of documents, and shall also have all the
powers and duties of a Commissioner for Oaths under this Act.

ts, attesting signatures
and certifying copies of documents, and shall also have all the
powers and duties of a Commissioner for Oaths under this Act.

(2) This section shall apply to-
(a) any person employed by the Government of the United
Republic and who, under the provisions of section 3 of
the Advocates Act, is entitled to practise as an advocate
of the High Court;
(b) any person employed by the Tanzania Legal Corporation
established by the Tanzania Legal Corporation
(Establishment) Order, and who, under the provisions
of section 3 of the Advocates Act, is entitled to practise
as an advocate of the High Court;
(c) the Registrar of the Court of Appeal, the Registrar of
the High Court and every Deputy Registrar;
(d) a magistrate;
(e) an Administrative Officer in the service of the
Government of the United Republic. Bar on
Commissioner for
Oaths practicing
when interested
Jurat to state
when oath is
taken
Act No. 4 of 2016 s. 47
Fees for
certificates
Act No. 4 of 2016 s. 48
Certain public
officers to have
powers of Notary
Public and
Commissioner for
Oaths
Acts Nos. 49 of 1964 s. 2
29 of 1967 s. 3
13 of 1972 Sch. 9 of 1996 Sch. Cap.341
GN. Nos. 32 of 1971

owers of Notary
Public and
Commissioner for
Oaths
Acts Nos. 49 of 1964 s. 2
29 of 1967 s. 3
13 of 1972 Sch. 9 of 1996 Sch. Cap.341
GN. Nos. 32 of 1971

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THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT [CAP. 12 R.E. 2023]
(3) Any fee taken by an officer to whom this section applies
for any matter under this Act shall be paid by such officer-
(a) where such officer is an employee of the Tanzania Legal
Corporation into the general revenue of that Corporation;
(b) in any other case, into the general revenue of the United
Republic. 11.–(1) Every foreign service officer exercising his functions in
any country or place outside Tanzania may in that country or
place administer any oath and take any affidavit, and also do any
notarial act which any person entitled to practise as a Notary
Public and Commissioner for Oaths in Tanzania can do in that
part of Tanzania in which he is so entitled, and every oath, affidavit
and notarial act administered, sworn or done by or before any
such person shall be as effectual as if duly administered, sworn
or done by or before any lawful authority in Tanzania.

sworn or done by or before any
such person shall be as effectual as if duly administered, sworn
or done by or before any lawful authority in Tanzania.

(2) Any document purporting to have affixed, impressed,
or subscribed on 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, shall be admitted in evidence without
proof of the seal or signature being the seal or signature of that
person, or of the official character of that person. (3) This section shall extend to Tanzania Zanzibar as well as
to Mainland Tanzania. [s. 10A]
12.–(1) Where an arrangement is made between the
Government of the United Republic and the Government of
any other State that members of the diplomatic, consular or
other foreign service of that State shall perform services on
behalf of the Government of the United Republic in a country
or place in which for the time being the United Republic has
no diplomatic, consular or other foreign service representative,
the Minister for the time being responsible for foreign affairs
may, by order published in the Gazette, authorise members
of the diplomatic, consular or other foreign service of that
Foreign service
officers to have
powers of Notary
Public
Ord. No. 46 of 1961 s.2;
Act No.

of the diplomatic, consular or other foreign service of that
Foreign service
officers to have
powers of Notary
Public
Ord. No. 46 of 1961 s.2;
Act No.

1 of 1966 s.2
Minister may
empower foreign
diplomatic or
consular officers
to exercise powers
of Notaries
Act No. 1 of 1966 s. 3

1 of 1966 s.2
Minister may
empower foreign
diplomatic or
consular officers
to exercise powers
of Notaries
Act No. 1 of 1966 s. 3

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THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT [CAP. 12 R.E. 2023]
State while exercising their functions as such in that country
or place to administer any oath, take any affidavit and do any
notarial act which any person entitled to practise as a Notary
Public and Commissioner for Oaths in Tanzania can do within
that part of Tanzania in which he is so entitled; and every oath
administered, affidavit sworn or notarial act done by or before
any such person shall be as effectual as if duly administered,
sworn or done by or before a lawful authority in Tanzania.

tarial act done by or before
any such person shall be as effectual as if duly administered,
sworn or done by or before a lawful authority in Tanzania.

(2) Any document purporting to have affixed, impressed or
subscribed to it the seal or signature of any person authorised
under this section in testimony of any oath or affidavit or other
notarial act administered, sworn or done by or before him and
containing in the jurat of attestation a statement of the date
and place thereof and the full name and capacity in which
such person is serving shall be admitted in evidence without
proof of the seal or signature being the seal or signature of that
person or of the facts included in that statement. (3) This section shall extend to Tanzania Zanzibar as well as
to Mainland Tanzania. [s. 10B]
13. The Chief Justice may make rules for carrying into effect
the objects of this Act. 14. The Chief Justice may, by notice published in the Gazette,
amend any Schedule to this Act. 15. Notwithstanding section 8, the requirements to insert name
of the Notary Public and Commissioner for Oath in the jurat
of attestation shall not affect any decision delivered regarding
an affidavit or any affidavit filed in court before 8th July 2016. Chief Justice may
make rules
Act No. 4 of 2016 s. 49
Amendment of
Schedules
Act No. 4 of 2016 s.

or any affidavit filed in court before 8th July 2016. Chief Justice may
make rules
Act No. 4 of 2016 s. 49
Amendment of
Schedules
Act No. 4 of 2016 s.

50
Saving provisions
Act No. 4 of 2016 s. 50

50
Saving provisions
Act No. 4 of 2016 s. 50

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THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT [CAP. 12 R.E. 2023]
FIRST SCHEDULE
(Made under section 3(1))
FEES
S/N. Item Fee
1. Fees for notarial acts:
(a) For any protest, filing the original and furnishing one certified copy if
required. (This is to be exclusive of any fee for drawing, if required, the
body of the protest)
Tshs. 100,000
(b) For administering an oath, or receiving a declaration or affirmation
without attestation of signature. Tshs. 20,000
(c) For administering an oath or receiving a declaration or affirmation with
attestation of signature. Tshs. 20,000
(d) For every exhibit relating to item (c). Tshs. 5,000
(e) For attesting a signature, or administering an oath or receiving a
declaration or affirmation, for the purpose of obtaining relief from
income tax. Tshs. 10,000
(f) For each signature attested by a Notary Public in any document not
otherwise provided for. Tshs. 20,000
(g) For certifying a copy of any document, if not exceeding 100 words. Tshs.

a Notary Public in any document not
otherwise provided for. Tshs. 20,000
(g) For certifying a copy of any document, if not exceeding 100 words. Tshs.

20,000
(h) If the document or part of a document exceeds 100 words, for every
additional 100 words or part thereof. Tshs. 5,000
(i) For directing search for, or obtaining, from a public record office
or elsewhere, extracts from local registers, or copies of wills, deeds,
or other matters, in addition to expenses incurred and any fees for
attestation. Tshs.300,000
(j) For affixing notarial signature and seal, if required, to any document
not otherwise provided for in this Schedule. Tshs. 20,000
(k) For every Notary Public seal affixed to a document, packet or article,
when no signature is required. Tshs. 20,000
(l) Any other notarial act not specified above. Tshs. 20,000
Fees which may be levied by Commissioners for Oaths:
(a) For taking an affidavit or declaration. Tshs. 10,000
(b) For every exhibit to an affidavit or declaration. Tshs. 5,000
(c) For attending to administer an oath or affirmation or to take a
declaration elsewhere than at the office or place of business of the
Commissioner for Oaths, in addition to expenses incurred and the
ordinary fee thereof. Tshs. 50,000
GN Nos. 50 of 2012
308 of 2014

of business of the
Commissioner for Oaths, in addition to expenses incurred and the
ordinary fee thereof. Tshs. 50,000
GN Nos. 50 of 2012
308 of 2014

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THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT [CAP. 12 R.E. 2023]
SECOND SCHEDULE
(Made under section 4(1))
FORM OF CERTIFICATE
THE NOTARIES PUBLIC AND COMMISSIONERS FOR OATHS ACT
(CAP.12)
THE HIGH COURT OF TANZANIA
Certificate to practise as a Notary Public and Commissioner for Oaths
in Mainland Tanzania. It is hereby certified that...................................................................... has this day been admitted to practise as a Notary Public and
Commissioner for Oaths in Mainland Tanzania. This Certificate expires on the 31st December, 20............... unless
renewed. Registrar of the High Court
Fee paid Shs. 60.00. Renewed until...................................... Fee paid Shs. 40.00
20................ (L.S)
Registrar of the High Court
(Repeat form of renewal as often as required.)
THIRD SCHEDULE
(Made under section 9)
FEES FOR CERTIFICATES
Act No. 4 of 2016 s. 51
FEES FOR CERTIFICATES AMOUNT
(a) Fee payable on application for a certificate to practice as a Notary Public and
Commissioner for Oaths.

of 2016 s. 51
FEES FOR CERTIFICATES AMOUNT
(a) Fee payable on application for a certificate to practice as a Notary Public and
Commissioner for Oaths.

Tshs.30,000/=
(b) Fee payable on each annual application for renewal of the certificate. Tshs.40,000/=
(c) Fee payable on application for lost, destroyed or mutilated certificate to be
replaced. Tshs.10,000/=