The Oaths and Statutory Declarations Act

The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019]
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THE UNITED REPUBLIC OF TANZANIA
CHAPTER 34
THE OATHS AND STATUTORY DECLARATIONS ACT
[PRINCIPAL LEGISLATION]
REVISED EDITION OF 2019
This Edition of the Oaths and Statutory Declarations Act, Chapter 34, has
been revised up to and including 30 th November, 2019 and is printed under
the authority of section 4 of the Laws Revision Act, Chapter 4.
Dodoma, ADELARDUS L. KILANGI
30th November, 2019 Attorney General
PRINTED BY THE GOVERNMENT PRINTER, DAR ES SALAAM - TANZANIA

The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019]
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ber, 2019 Attorney General
PRINTED BY THE GOVERNMENT PRINTER, DAR ES SALAAM - TANZANIA

The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019]
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The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019]
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CHAPTER 34
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THE OATHS AND STATUTORY DECLARATIONS ACT
[PRINCIPAL LEGISLATION]
ARRANGEMENT OF SECTIONS
Section Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation .
PART II
JUDICIAL OATHS
3. Authority to administer oaths and affirmations.
4. Persons who may be required to make oath or affirmation.
5. Forms of oaths and affirmations.
6. Power of court to tender certain oaths.
7. A party may offer to be bound by certain oaths or affirmations.
8. Rules.
9. Irregularity not to affect validity of oath.
PART III
STATUTORY DECLARATIONS
10. Statutory declaration to be in prescribed form.
11. Power to take statutory declarations.
12.-15. Omitted.
__________
SCHEDULE
__________

The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019]
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Power to take statutory declarations.
12.-15. Omitted.
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SCHEDULE
__________

The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019]
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The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019]
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CHAPTER 34
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THE OATHS AND STATUTORY DECLARATIONS ACT
An Act to make provision for the administration of oaths and
affirmations in judicial proceedings and for statutory declarations.
[1 st M AY, 1967]
[GN. No. 132 of 1967]
Act No.
59 of 1966
PART I
PRELIMINARY PROVISIONS
Short title 1. This Act may be cited as the Oaths and Statutory
Declarations Act.
Interpretation 2. In this Act, unless the context otherwise requires-
Cap. 192
"court" includes every person or body of persons having by
law or consent of parties authority to receive evidence
upon oath or affirmation but does not include a court-
martial established under the National Defence Act;
"judicial proceedings" means proceedings before any court;
"Minister" means the Minister responsible for legal affairs.
PART II
JUDICIAL OATHS
Authority to
administer oaths
and affirmations
3. Every court shall have the authority, itself or by an
officer duly authorised by it in that behalf, to administer an
oath or affirmation to any person whom it may lawfully
examine upon oath or affirmation.

fficer duly authorised by it in that behalf, to administer an
oath or affirmation to any person whom it may lawfully
examine upon oath or affirmation.

The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019]
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Persons who may
be required to
make oath or
affirmation
4. Subject to any provision to the contrary contained
in any written law, an oath shall be made by-
(a) any person who may lawfully be examined
upon oath or give or be required to give
evidence upon oath by or before a court;
(b) any person acting as interpreter of questions
put to and evidence given by a person being
examined by or giving evidence before a
court:
Provided that, where any person who is required to
make an oath professes any faith other than the Christian
faith or objects to being sworn, stating, as the ground of
such objection, either that he has no religious belief or
that the making of an oath is contrary to his religious
belief, such person shall be permitted to make his solemn
affirmation instead of making an oath and such
affirmation shall be of the same effect as if he had made
an oath. Forms of oaths
and affirmations 5. Every oath or affirmation made under this Act shall
be made in the manner and in the form prescribed by
rules made under section 8. Power of court to
tender certain
oaths
6.

on made under this Act shall
be made in the manner and in the form prescribed by
rules made under section 8. Power of court to
tender certain
oaths
6.

Where any party to or witness in any judicial
proceedings offers to give evidence on oath or affirmation
in any form common amongst, or held binding by, persons
of the community or persuasion to which he belongs and
not repugnant to justice or decency, and not purporting to
affect any third person, the court may, if it thinks fit,
notwithstanding the provisions of sections 4 and 5,
administer or direct its officer to administer such oath or
affirmation to him. A party may
offer to be bound
by certain oaths
or affirmations
7.-(1) Where, in any judicial proceedings of a civil
nature, the parties agree that one of them would be bound
by an admission or denial of any fact in issue between
them in such proceedings such admission or denial made

es agree that one of them would be bound
by an admission or denial of any fact in issue between
them in such proceedings such admission or denial made

The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019]
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by the other party under an oath or other party under an
oath or affirmation in such form as may be accepted by a
court under section 6, the court may, if it thinks fit, invite
such other party to make such admission or denial under
such oath or affirmation. (2) Where the party invited by the court to make an
admission or denial in accordance with subsection (1)
makes such admission or denial, the admission or denial
shall be binding upon the other party and the parties
concerned shall thereupon be deemed not to be at issue
with regard to the fact so admitted or denied. Rules 8.-(1) The Chief Justice may, with the consent of the
Minister, make rules prescribing forms of oaths and
affirmations and the manner in which the same may be
made. (2) Rules made under this section may prescribe
different forms for different courts or for different classes
of persons. Irregularity not
to affect validity
of oath
9.

er this section may prescribe
different forms for different courts or for different classes
of persons. Irregularity not
to affect validity
of oath
9.

Where in any judicial proceedings an oath or
affirmation has been administered and taken, such oath
or affirmation shall be deemed to have been properly
administered or taken, notwithstanding any irregularity
in the administration or the taking thereof, or any
substitution of an oath for an affirmation, or of an
affirmation for an oath, or of one form of affirmation for
another. PART III
STATUTORY DECLARATIONS
Statutory
declaration to be
in prescribed
form
10. Where under any law for the time being in force
any person is required or is entitled to make a statutory
declaration, the declaration shall be in the form
prescribed in the Schedule to this Act:
Provided that, where under any written law a form
of statutory declaration is prescribed for use for the

form
prescribed in the Schedule to this Act:
Provided that, where under any written law a form
of statutory declaration is prescribed for use for the

The Oaths and Statutory Declarations Act [CAP. 34 R.E. 2019]
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purposes of that law such form may be used for that
purpose. Power to take
statutory
declarations
Cap.12
11. It shall be lawful for any person entitled under
the provisions of the Notaries Public and Commissioners
for Oaths Act to exercise the powers of a Notary Public
or a Commissioner for Oaths to take a statutory
declaration of any person voluntarily making and
subscribing the same before him. Omitted 12.-15. Omitted. _________
SCHEDULE
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(Made under section 10)
I, A. B. do solemnly and sincerely declare as follows:
(here state the matters declared)
………………………………………………………………………………………………
I, the said A. B., make this declaration conscientiously believing the same to be true and
in accordance with the provisions of the Oaths and Statutory Declarations Act. This, Declaration is made and subscribed by the
said A. B. who is known to me personally
(or who has been identified to me by .......................; (Signature of the person
taking the declaration)
the latter being known to me personally)
this ...................

d to me by .......................; (Signature of the person
taking the declaration)
the latter being known to me personally)
this ...................

day of
(Signature, qualification and address of the person taking the declaration)
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