CHAPTER 05:03
COMMISSIONERS OF OATHS

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Appointment of commissioners of oaths

   3.   Ex officio commissioners of oaths

   4.   Powers and jurisdiction of commissioners of oaths

   5.   Penalties for false statements in affidavits, etc.

   6.   Regulations

      Schedule - Ex-officio Commissioners of Oaths

Proc. 1, 1955,
Proc. 53, 1955,
Cap. 50, 1959,
H.C.N. 51, 1962,
H.C.N. 83, 1962,
HMC Order 1, 1963,
L.N. 55, 1965,
L.N. 84, 1966,
L.N. 94, 1966,
S.I. 16, 1967,
S.I. 22, 1967,
S.I. 59, 1968,
S.I. 63, 1968,
S.I. 85, 1968,
S.I. 61, 1969,
S.I. 77, 1969,
S.I. 1, 1973,
S.I. 45, 1973,
S.I. 71, 1973,
S.I. 75, 1973,
S.I. 18, 1974,
S.I. 143, 1974,
S.I. 50, 1975,
S.I. 80, 1975,
S.I. 88, 1975,
S.I. 133, 1975,
S.I. 144, 1975,
S.I. 152, 1975,
S.I. 75, 1976,
S.I. 107, 1976,
S.I. 28, 1978,
S.I. 68, 1978,
S.I. 131, 1978,
S.I. 161, 1978,
S.I. 110, 1979,
S.I. 89, 1980,
S.I. 103, 1982,
S.I. 6, 1983,
S.I. 105, 1983,
S.I. 129, 1983,
S.I. 144, 1984,
S.I. 158, 1985,
S.I. 69, 1986,
S.I. 2, 1988,
S.I. 20, 1988,
S.I. 76A, 1988,
S.I. 86, 1988,
S.I. 2, 1991,
S.I. 76, 1992,
S.I. 25, 1993,
S.I. 77, 1994,
S.I. 9, 1995,
S.I. 83, 1996,
S.I. 1, 1997,
S.I. 33, 1997,
S.I. 1, 1997,
S.I. 77, 1997,
S.I. 1, 1998,
S.I. 32, 1998,
S.I. 83, 1998,
S.I. 69, 1999,
S.I. 97, 1999,
S.I. 47, 2003,
Act 18, 2006,
S.I. 27, 2007,
S.I. 66, 2007,
S.I. 65, 2011,
S.I. 87, 2011,
S.I. 98, 2011,
S.I. 91, 2012,
S.I. 73, 2014,
S.I. 120, 2014,
S.I. 15, 2016.

An Act to make provision for the appointment of commissioners of oaths in Botswana.

[Date of Commencement: 4th February, 1955]

1.   Short title

   This Act may be cited as the Commissioners of Oaths Act.

2.   Appointment of commissioners of oaths

   (1) The Minister may appoint commissioners of oaths for Botswana who shall hold their commissions during the pleasure of the Minister.

   (2) The name and address of every person so appointed shall be notified by the Minister in the Gazette, and on the cancellation of any such appointment that fact shall be likewise notified.

3.   Ex-officio commissioners of oaths

   (1) Any person holding, or lawfully acting in, any office specified in Part I or Part II of the Schedule shall, during his tenure thereof or while he is so acting and except when suspended from the functions thereof, be a commissioner of oaths for the area described in the second column of that Schedule in relation to the name of his office.

   (2) The Minister may, by statutory instrument, make an order amending Part II of the said Schedule by the addition thereto of any office whatsoever or deletion therefrom of any office mentioned in that Part, and by varying any area of jurisdiction prescribed therein, and by prescribing an area of jurisdiction in respect of any office so added.

4.   Powers and jurisdiction of commissioners of oaths

   A commissioner of oaths may, within the area in respect of which he is under this Act appointed or declared to be a commissioner of oaths, administer an oath on affidavit, or take a solemn or attested declaration whenever requested to do so; or whenever he, if he is also a member of the Botswana Police Force, considers it desirable that a statement on oath or solemn or attested declaration be obtained in connection with any alleged offence, and the person concerned is willing to make such a statement or declaration; or whenever statements on oath or solemn or attested declarations are required by any law in force in that area:

   Provided that he shall not administer an oath or take a solemn or attested declaration in respect of any matter in which he has not, or does not believe himself to have, jurisdiction, cognizance or authority.

5.   Penalties for false statements in affidavits, etc.

   Any person who, in an affidavit or solemn or attested declaration made before a person competent to administer the oath or take the declaration, makes a false statement corruptly or maliciously or knowing it to be false, shall be guilty of an offence and liable upon conviction to the penalties prescribed by law for the crime of perjury.

6.   Regulations

   The President may make regulations prescribing the form and manner in which oaths and declarations shall be taken, when not prescribed by any other law, and generally for the better carrying out of the objects and purposes of this Act.

SCHEDULE
EX-OFFICIO COMMISSIONERS OF OATHS

PART I

Office Held

Area in which oath may be administered or declaration taken

1. Attorney

The whole of Botswana

2. Justice of the Peace

The whole of Botswana

3. Notary Public

The whole of Botswana

PART II

Office Held

Area in which oath may be administered or declaration taken

STATE PRESIDENT

Office of the President

Permanent Secretary to the President

The whole of Botswana

Administrative Secretary

The whole of Botswana

Deputy Permanent Secretary (Administrative)

The whole of Botswana

Deputy Permanent Secretary (Development)

The whole of Botswana

Councillor for Permanent Affairs

The whole of Botswana

Clerk of Cabinet

The whole of Botswana

Senior Private Secretary to the President

The whole of Botswana

Coordinator (Public Service Reforms)

The whole of Botswana

Senior Assistant Director (Reforms)

The whole of Botswana

Director, Ministerial Finances

The whole of Botswana

Director, Ministry Management

The whole of Botswana

Senior Private Secretary (Office of the President)

The whole of Botswana

Director, Disaster Management

The whole of Botswana

Deputy Director, Ministry Management

The whole of Botswana

Assistant Director, Ministry Management

The whole of Botswana

Under Secretary, Political Affairs

The whole of Botswana

Administrative Officers at C1 level and above designated by the Permanent Secretary

The whole of Botswana

Directorate of Public Service Management

Director of Public Service Management

The whole of Botswana

Administrative Officer

The whole of Botswana

Directorate on Corruption and Economic Crime

Director

The whole of Botswana

Deputy Director

The whole of Botswana

Assistant Director

The whole of Botswana

Chief Anti Corruption Officer

The whole of Botswana

Principal Anti Corruption Officer I

The whole of Botswana

Principal Anti Corruption Officer II

The whole of Botswana

Senior Anti Corruption Officer I

The whole of Botswana

Anti Corruption Officer I

The whole of Botswana

Anti Corruption Officer II

The whole of Botswana

Assistant Anti Corruption Officer

The whole of Botswana

Technician Model

Anti Corruption Technical Officer

The whole of Botswana

Senior Anti Corruption Officer

The whole of Botswana

Principal Anti Corruption Technical Officer

The whole of Botswana

Chief Anti Corruption Technical Officer

The whole of Botswana

Anti Corruption Coordinator

The whole of Botswana

Artisan Model

Senior Anti Corruption Assistant

The whole of Botswana

Principal Anti Corruption Assistant

The whole of Botswana

Chief Anti Corruption Assistant

The whole of Botswana

Directorate on Intelligence and Security

All officers of the rank of Sergeant and above

The whole of Botswana

Botswana National Productivity Centre

Executive Director

The whole of Botswana

Corporate Services Manager

The whole of Botswana

Francistown Office Manager

The whole of Botswana

Human Resources Manager

The whole of Botswana

National Assembly

Member of Parliament

The whole of Botswana

Clerk of the National Assembly

The whole of Botswana

Deputy Clerk of the National Assembly

The whole of Botswana

Parliamentary Counsel

The whole of Botswana

Director, Ministry Management

The whole of Botswana

Deputy Director

The whole of Botswana

Assistant Director

The whole of Botswana

Senior Assistant Clerks

The whole of Botswana

Chief Research, Information and Public Relations Officer

The whole of Botswana

Sergeant-at-Arms

The whole of Botswana

Principal Clerk Assistant

The whole of Botswana

Principal Research Officer

The whole of Botswana

Chief Editor

The whole of Botswana

Chief Translator

The whole of Botswana

Senior Research Officer

The whole of Botswana

Assistant Clerks

The whole of Botswana

Principal Clerk Assistants

The whole of Botswana

Ntlo Ya Dikgosi

Chairperson of Ntlo Ya Dikgosi

The whole of B

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