Commissioners for Oaths (Advocates) Act

Interpretation

In this Act, unless the context otherwise requires

"currency point" has the value assigned to it in Schedule 1 to this Act

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act, unless the context otherwise requires "currency point" has the value assigned to it in Schedule 1 to this Act”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

In this Act, unless the context otherwise requires "currency point" has the value assigned to it in Schedule 1 to this Act

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Appointment of practising advocates as commissioners for oaths

(1)

The Chief Justice may, by commission signed by him or her, appoint persons being practising advocates who have practised as such for not less than two years in Uganda immediately prior to making any application for appointment and who are certified to be fit and proper persons by two other practising advocates to be commissioners for oaths, and may revoke any such appointment; but the power to revoke a commission shall not be exercised until the commissioner in question has been given an opportunity of being heard against any such order of revocation.

(2)

Each commission signed as provided in subsection (1) by which any commissioner for oaths shall be appointed shall bear a revenue stamp of the value of fifteen thousand shillings to be paid for by the commissioner for oaths named in the commission, but no other charge or fee shall be made or be payable in respect of the appointment or in respect of anything requisite to be done to perfect it.

(3)

After the commission shall have been duly signed and stamped as provided in subsections (1) and (2), the appointment of the person named in it as a commissioner for oaths shall be immediately published in the Gazette.

(4)

Each commission shall immediately terminate on the holder ceasing to practise as an advocate.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Appointment of practising advocates as commissioners for oaths”.

“(1) The Chief Justice may, by commission signed by him or her, appoint persons being practising advocates who have practised as such for not less than two years in Uganda immediately prior to making any application for appointment and who are certified to be fit and proper persons by two other practising advocates to be commissioners for oaths, and may revoke any such appointment; but the power to revoke a commission shall not be exercised until the commissioner in question has been given an opportunity of being…”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) The Chief Justice may, by commission signed by him or her, appoint persons being practising advocates who have practised as such for not less than two years in Uganda immediately prior to making any application for appointment and who are certified to be fit and proper persons by two other practising advocates to be commissioners for oaths, and may revoke any such appointment; but the power to revoke a commission shall not be exercised until the commissioner in question has been given an opportunity of being heard against any such order of revocation.
(2) Each commission signed as provided in subsection (1) by which any commissioner for oaths shall be appointed shall bear a revenue stamp of the value of fifteen thousand shillings to be paid for by the commissioner for oaths named in the commission, but no other charge or fee shall be made or be payable in respect of the appointment or in respect of anything requisite to be done to perfect it.
(3) After the commission shall have been duly signed and stamped as provided in subsections (1) and (2), the appointment of the person named in it as a commissioner for oaths shall be immediately published in the Gazette.
(4) Each commission shall immediately terminate on the holder ceasing to practise as an advocate.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Commissioner for oaths to sign Roll on appointment

Every advocate appointed a commissioner for oaths shall, on appointment, sign a Roll which shall be kept by the Chief Registrar of the High Court

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Commissioner for oaths to sign Roll on appointment”.

“Every advocate appointed a commissioner for oaths shall, on appointment, sign a Roll which shall be kept by the Chief Registrar of the High Court”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Every advocate appointed a commissioner for oaths shall, on appointment, sign a Roll which shall be kept by the Chief Registrar of the High Court

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Magistrates and registrar to have, virtute officii, powers of commissioner for oaths

A magistrate and the Chief Registrar of the High Court, which expression shall include deputy and district registrars, shall have, virtute officii, all the powers and duties of a commissioner for oaths

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Magistrates and registrar to have, virtute officii, powers of commissioner for oaths”.

“A magistrate and the Chief Registrar of the High Court, which expression shall include deputy and district registrars, shall have, virtute officii, all the powers and duties of a commissioner for oaths”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A magistrate and the Chief Registrar of the High Court, which expression shall include deputy and district registrars, shall have, virtute officii, all the powers and duties of a commissioner for oaths

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Powers of commissioner for oaths

(1)

A commissioner for oaths may, by virtue of his or her commission, in any part of Uganda, administer any oath or take any affidavit for the purpose of any court or matter in Uganda, including matters ecclesiastical, matters relating to the registration of any instrument, whether under an Act or otherwise, and take any bail or recognisance in or for the purpose of any civil proceeding in the High Court or any magistrate's court; except that a commissioner for oaths shall not exercise any of the powers given by this section in any proceeding or matter in which he or she is the advocate for any of the parties to the proceeding or concerned in the matter or clerk to any such advocate or in which he or she is interested.

(2)

For the avoidance of doubt, a commissioner for oaths may take and receive a statutory declaration under the Statutory Declarations Act, and accordingly, any reference to an oath in this Act shall, with the necessary modifications, include a reference to a statutory declaration.

(3)

A commissioner for oaths shall, in the exercise of any of the powers mentioned in subsections (1) and (2), be entitled to charge and be paid such fees as may be authorised by any rules made under section 8 .

Section analysis 3 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Powers of commissioner for oaths”.

“(1) A commissioner for oaths may, by virtue of his or her commission, in any part of Uganda, administer any oath or take any affidavit for the purpose of any court or matter in Uganda, including matters ecclesiastical, matters relating to the registration of any instrument, whether”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) A commissioner for oaths may, by virtue of his or her commission, in any part of Uganda, administer any oath or take any affidavit for the purpose of any court or matter in Uganda, including matters ecclesiastical, matters relating to the registration of any instrument, whether under an Act or otherwise, and take any bail or recognisance in or for the purpose of any civil proceeding in the High Court or any magistrate's court; except that a commissioner for oaths shall not exercise any of the powers given by this section in any proceeding or matter in which he or she is the advocate for any of the parties to the proceeding or concerned in the matter or clerk to any such advocate or in which he or she is interested.
(2) For the avoidance of doubt, a commissioner for oaths may take and receive a statutory declaration under the Statutory Declarations Act, and accordingly, any reference to an oath in this Act shall, with the necessary modifications, include a reference to a statutory declaration.
(3) A commissioner for oaths shall, in the exercise of any of the powers mentioned in subsections (1) and (2), be entitled to charge and be paid such fees as may be authorised by any rules made under section 8.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

9

Appellate court — binding on lower courts ✓ Source matched

Section 5 of the Commissioners for Oaths (Advocates) Act CAP 5 provides that:

Spenser George William v Abbas Agaba and Another (Election Petition Application 4 of 2017) [2017] UGCA 138 (5 May 2017)

[2017] UGCA 138 · Court of Appeal · 2017-05-05

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Appellate court — binding on lower courts ✓ Source matched

10 Section 5 of the Commissioners for Oaths (Advocates) Act, cap.5, and section 6 of the Oaths Act, cap.19 and Rule 7 of the Commissioners for Oaths Rules require a deponent of an affidavit to personally appear and sign the affidavit before the Commissioner for Oaths and swear by saying or repeating after the commissioner administering the oath the words prescribed by the law.

Mugema Peter v Mudiobole Abedi Nasser (Election Petition Appeal No. 30 of 2011) [2012] UGCA 7 (13 April 2012)

[2012] UGCA 7 · Court of Appeal · 2012-04-13

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

High Court — persuasive authority ✓ Source matched

Relying on Section 11(1) of the Oaths Act Cap 25 9 and Section 5 of the Commissioners for Oaths (Advocates) Act, they argue that the omission of the name of the commissioner and deponent in the jurat renders the document a legal nullity that must be struck from the record.

Akulilawo Wilson Saazi Marvins and Another v Uganda N'Eddagalayo National Traditional Healers And Herbalists Association Limited and Another (Miscellaneous Application No. 404 of 2026) [2026] UGCommC 287 (7 June 2026)

[2026] UGCOMMC 287 · High Court · 2026-06-07

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

Section 8 · Rules Statutory Declarations Act

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Particulars to be stated in jurat or attestation clause

Every commissioner for oaths before whom any oath or affidavit is taken or made under this Act shall state truly in the jurat or attestation at what place and on what date the oath or affidavit is taken or made

Section analysis 1 source-matched judicial passage Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Particulars to be stated in jurat or attestation clause”.

“Every commissioner for oaths before whom any oath or affidavit is taken or made under this Act shall state truly in the jurat or attestation at what place and on what date the oath or affidavit is taken or made”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Every commissioner for oaths before whom any oath or affidavit is taken or made under this Act shall state truly in the jurat or attestation at what place and on what date the oath or affidavit is taken or made

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Appellate court — binding on lower courts ✓ Source matched

Section 6 of the Commissioners for Oaths (Advocates) Act CAP 5 provides for

Ossiya Solomon Alemu v Koluo Joseph Andrew and Another (Election Petition Appeal No. 15 of 2021) [2022] UGCA 382 (15 May 2022)

[2022] UGCA 382 · Court of Appeal · 2022-05-15

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Penalty for unlawfully practising

Any person who holds himself or herself out as a commissioner for oaths or receives any fee or reward as a commissioner for oaths when he or she is not a commissioner for oaths duly appointed as such in accordance with this Act commits an offence and, in addition to any other penalty or punishment to which he or she may be liable by any law in force, is liable, on conviction, to a fine not exceeding three hundred currency points and for a second offence in addition to any other penalty or punishment stipulated in this section is liable to a fine of twelve currency points or to imprisonment for a term not exceeding six months, or both

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Penalty for unlawfully practising”.

“Any person who holds himself or herself out as a commissioner for oaths or receives any fee or reward as a commissioner for oaths when he or she is not a commissioner for oaths duly appointed as such in accordance with this Act commits an offence and, in addition to any other penalty or punishment to which he or she may be liable by any law in force, is liable, on conviction, to a fine not exceeding three hundred currency points and for a second offence in addition to any other penalty or punishment stipulated in…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Any person who holds himself or herself out as a commissioner for oaths or receives any fee or reward as a commissioner for oaths when he or she is not a commissioner for oaths duly appointed as such in accordance with this Act commits an offence and, in addition to any other penalty or punishment to which he or she may be liable by any law in force, is liable, on conviction, to a fine not exceeding three hundred currency points and for a second offence in addition to any other penalty or punishment stipulated in this section is liable to a fine of twelve currency points or to imprisonment for a term not exceeding six months, or both

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Rules

(1)

The Chief Justice may make rules for better carrying into effect this Act and without prejudice to the generality of the foregoing may make rules in respect of all or any of the following matters-

(a)

the method of application for a commission;

(b)

the form of commission;

(c)

the matters to be observed before taking any oath in relation to deponents and documents;

(d)

the forms of jurat and identification of exhibits;

(e)

the matters in respect of which fees may be charged and the amount of the fees.

(2)

The rules in Schedule 2 to this Act shall be deemed to have been made under the power conferred by subsection (1).

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Rules”.

“(1) The Chief Justice may make rules for better carrying into effect this Act and without prejudice to the generality of the foregoing may make rules in respect of all or any of the following matters-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

(1) The Chief Justice may make rules for better carrying into effect this Act and without prejudice to the generality of the foregoing may make rules in respect of all or any of the following matters-
(a) the method of application for a commission;
(b) the form of commission;
(c) the matters to be observed before taking any oath in relation to deponents and documents;
(d) the forms of jurat and identification of exhibits;
(e) the matters in respect of which fees may be charged and the amount of the fees.
(2) The rules in Schedule 2 to this Act shall be deemed to have been made under the power conferred by subsection (1).

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

Power to amend Schedule 1

The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act Schedule 1 (Sections 1 , 9 )

Currency point A currency point is equivalent to twenty thousand shillings.

Schedule 2 (Section 8(2) )

Commissioner for Oaths Rules

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Power to amend Schedule 1”.

“The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act Schedule 1 (Sections 1, 9)”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Minister responsible for finance may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act Schedule 1 (Sections 1, 9)

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 1 · Interpretation Section 8 · Rules

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by Law Revision (Miscellaneous Amendments) Act, 2023 (Act 17 of 2023) on 28 July 2023]

Act-level history only · Do not infer that every amendment changed this section

1. These

Rules may be cited as the Commissioner for Oaths Rules

2. A practising advocate of the High

Court who has practised as such for not less than two years in Uganda immediately prior to the date of the application may apply to the Chief Justice to be appointed a commissioner for oaths

3. All applications shall be made in writing and shall state the period during which

the applicant has practised as an advocate in Uganda and the date on which he or she signed the Roll of advocates, and shall be accompanied by a certificate signed by two other practising advocates to the effect that the applicant is a fit and proper person to be appointed

4. Applications shall be lodged with the Chief Registrar of the High Court who will notify

the applicant of the decision of the Chief Justice in the application

5. On the advocate paying the fee of fifteen thousand shillings and signing the Roll of commissioners, a commission shall be issued to him or her in the form set out in Schedule 1 to

these Rules

6. A commissioner for oaths shall be entitled to charge the fees set out in Schedule 2 to

these Rules in respect of the matters mentioned in that Schedule

7. A commissioner for oaths before taking

an oath must satisfy himself or herself that the person named as the deponent and the person before him or her are the same and that the person is outwardly in a fit state to understand what he or she is doing

8. All exhibits to affidavits shall be securely sealed to the affidavits under the seal of

the commissioner for oaths and shall be marked with serial letters of identification

9. The forms of jurat and of identification of exhibits shall be those set out in Schedule 3 to

these Rules Commission

Fees

Item shs.

1. For taking an affidavit or declaration Not less than

200,000

2. For every exhibit to an affidavit or declaration 100,000

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Additional fee for attending to administer

an oath or affirmation or to take a Not less than declaration elsewhere than at the office of the commissioner, for every quarter 200,000 hour or part of it

Form of Jurat

Commissioners for Oaths (Advocates) Act

About this Act

Amendments

Full text of the Act