CHAPTER 26:03
PROMISSORY OATHS

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Oaths to be taken

    3.    President may require oath of allegiance or Cabinet oath to be taken

    4.    Forms of oaths

    5.    Affirmation allowed in lieu of oath

    6.    Reference to oath or affirmation of allegiance in other laws

    7.    Manner of taking oath or affirmation

    8.    Unnecessary repetition of oaths or affirmation

     9.    Omission to take oath not to invalidate acts

    10.    Position of person who is not citizen of Botswana taking oath of allegiance

    11.    Saving as to other oaths

        First Schedule - Who Shall Take Oaths

        Second Schedule - Form of Oaths

Law 36, 1966,
Act 39, 1968,
Act 41, 1972,
Act 20, 1977,
S.I. 66, 1988,
Act 14, 2005,
Act 18, 2006.

An Act to make new provision as to the taking of certain promissory oaths: to prescribe the form of the oath of allegiance and to provide for matters incidental thereto.

[Date of Commencement: 30th September, 1966]

1.    Short title

    This Act may be cited as the Promissory Oaths Act.

2.    Oaths to be taken

    (1) Any person who assumes any office referred to in the first column of the First Schedule shall, before entering upon the duties of that office, take and subscribe to the oath or oaths mentioned in relation thereto in the second column of the said Schedule.

    (2) The oath or oaths shall be tendered by and subscribed before the person mentioned in relation thereto in the third column of the said Schedule or, where that person cannot conveniently act, before another person designated by the President.

3.    President may require oath of allegiance or Cabinet oath to be taken

    (1) The President may require any public officer to take and subscribe the oath of allegiance and may require any person attending a meeting of the Cabinet to take and subscribe to the Cabinet oath.

    (2) The oaths shall be in the forms set out in the Second Schedule and shall be tendered by and subscribed before a person designated by the President.

4.    Forms of oaths

    The oaths mentioned in the First Schedule shall be in the forms set out in the Second Schedule.

5.    Affirmation allowed in lieu of oath

    When any person is required by or under this Act to take any oath, that person may, instead of taking the oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words "solemnly, sincerely and truly declare and affirm" for the word "swear" and omitting the words "So help me God".

6.    Reference to oath or affirmation of allegiance in other laws

    Where in any other written law reference is made to the oath or affirmation of allegiance then that reference shall be deemed to be to the oath of allegiance in the form set out in the Second Schedule or, as the case may be, to an affirmation in the equivalent form as determined in accordance with section 5.