How to swear an affidavit in Uganda
In brief
An affidavit is a written statement of facts sworn or affirmed as true before a person authorised to administer oaths. In Uganda a commissioner for oaths may administer the oath and take the affidavit for any court or matter (Commissioners for Oaths (Advocates) Act, Cap. 5) — but not in a matter in which the commissioner is the advocate or is interested. The commissioner must complete a jurat stating truly the place and date the affidavit was sworn (Oaths Act, Cap. 21, s.6). The deponent should swear only to facts within their knowledge, and exhibit any documents referred to.
1. Governing law
The authority to take affidavits comes from the Oaths Act, Cap. 21 and the Commissioners for Oaths (Advocates) Act, Cap. 6. A commissioner for oaths may, by virtue of the commission, in any part of Uganda administer any oath or take any affidavit for the purpose of any court or matter in Uganda, and may take a statutory declaration; but a commissioner may not exercise these powers in any proceeding or matter in which he or she is the advocate for a party, is concerned in the matter, or is otherwise interested (Cap. 6). A notary public and any commissioner for oaths may administer any lawful oath or take any lawful affidavit (Oaths Act). Crucially, the person before whom the affidavit is sworn must state truly in the jurat or attestation the place where, and the date on which, the oath or affidavit is taken (Oaths Act, s.6). An affidavit should contain facts the deponent can prove of their own knowledge (with grounds for any belief), and documents referred to are annexed as exhibits and identified in the jurat. Statutory declarations follow a similar process under the Statutory Declarations Act. Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Commissioners for Oaths (Advocates) Act, Cap. 5 — a commissioner for oaths may administer any oath or take any affidavit for any court or matter in Uganda (and take statutory declarations), but not where the commissioner is the advocate for a party or is interested.
- Oaths Act, Cap. 21 — a notary public and any commissioner for oaths may administer lawful oaths and take lawful affidavits; s.6 (the jurat must state truly the place and date the oath/affidavit is taken).
- Statutory Declarations Act — for statutory declarations made before a commissioner for oaths.
3. Practical guidance
Draft the affidavit in the first person, in numbered paragraphs, stating facts within your knowledge (and the grounds of any belief).
Annex any documents you rely on as marked exhibits and refer to them in the body.
Take it to a commissioner for oaths (commonly an advocate) who is not acting for any party in the matter and is not otherwise interested (Cap. 6).
Sign before the commissioner, who administers the oath/affirmation and completes the jurat stating the place and date (Oaths Act s.6).
Check the jurat is complete and dated, and keep the original for filing.
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.