Statutory declarations and notarisation for use abroad in Uganda
In brief
A statutory declaration is a solemn written statement of facts declared to be true, made under the Statutory Declarations Act, Cap. 24, before a commissioner for oaths (or notary public). Unlike an affidavit, it is not made on oath in court proceedings — it is used where the law or a body requires a formal declaration outside litigation (for example a change of name, confirming particulars, or documents for use abroad). For use in another country, a declaration is often notarised and may need authentication/apostille. Knowingly making a false declaration is an offence.
1. Governing law
The Statutory Declarations Act, Cap. 24 provides for the making and use of statutory declarations: it governs their use (s.3), their form (s.4), the procedure for making them (s.5), and the taking of statutory declarations outside Uganda (s.6). A statutory declaration is a written declaration of facts which the declarant solemnly and sincerely declares to be true, made before a person authorised to administer oaths — a commissioner for oaths may take and receive a statutory declaration (Commissioners for Oaths (Advocates) Act, Cap. 5). It differs from an affidavit: an affidavit is sworn for use in judicial proceedings, while a statutory declaration is a non-judicial solemn declaration used where some other law or authority calls for a formal statement of facts (such as a change of name, confirmation of identity or relationships, or supporting an application). For use abroad, a declaration is commonly made before a notary public and may require authentication or an apostille depending on the destination country's requirements. Making a declaration that is false in a material particular, knowing it to be false, is an offence. 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
- Statutory Declarations Act, Cap. 24 — s.3 (use of statutory declarations); s.4 (form of a statutory declaration); s.5 (procedure for making a statutory declaration); s.6 (taking statutory declarations outside Uganda).
- Commissioners for Oaths (Advocates) Act, Cap. 5 — a commissioner for oaths may take and receive a statutory declaration; Oaths Act, Cap. 21 (oaths and the jurat).
3. Practical guidance
Use a statutory declaration where a formal statement of facts is needed outside court (e.g. change of name, confirming particulars) — use an affidavit for court proceedings.
Write it in the first person, stating the facts you solemnly declare to be true, in the form the Act contemplates (ss.4-5).
Make it before a commissioner for oaths (or, for use abroad, a notary public) who completes the attestation.
For use in another country, check whether notarisation plus authentication or an apostille is required by the destination (s.6 covers declarations taken outside Uganda).
Declare only what is true — a knowingly false declaration is an offence.
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.