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. 24, 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]
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.
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
[S.I. 2/1988, S.I. 20/1988, 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. 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, 18 of 2006, s. 2, S.I. 24/2007, 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.]
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 |
Office Held |
Area in which oath may be administered or declaration taken |
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 Botswana |
Member of Ntlo Ya Dikgosi |
The whole of Botswana |
Secretary, Ntlo Ya Dikgosi |
The whole of Botswana |
Office of the Ombudsman |
|
Ombudsman |
The whole of Botswana |
Executive Director |
The whole of Botswana |
Chief Legal Investigator |
The whole of Botswana |
Principal Legal Investigator |
The whole of Botswana |
Senior Legal Investigator |
The whole of Botswana |
Legal Investigator |
The whole of Botswana |
Assistant Legal Investigator |
The whole of Botswana |
National Strategy Office |
|
Director General |
The whole of Botswana |
Deputy Director General |
The whole of Botswana |
Officers at C1 level and above, designated by the Permanent Secretary |
The whole of Botswana |
Botswana Public Service College |
|
Executive Director |
The whole of Botswana |
Deputy Executive Director |
The whole of Botswana |
Senior Manager |
The whole of Botswana |
Dean of College |
The whole of Botswana |
Chief Administration officer |
The whole of Botswana |
National AIDS Coordinating Agency |
|
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