Commissioners of Oaths Act, 1942


eSwatini

Commissioners of Oaths Act, 1942

Act 23 of 1942

  • Commenced on 3 July 1942
  • [This is the version of this document at 1 December 1998.]
An Act to make provision for the appointment of Commissioners of Oaths.

1. Short title

This Act may be cited as the Commissioners of Oaths Act, 1942.

2. Appointment of Commissioners of Oaths

(1)The Minister for Justice and Constitutional Development may appoint commissioners of oaths for Swaziland, who shall hold their commissions during the pleasure of the Deputy Prime Minister.
(2)The name and address of every person appointed under subsection (1) shall be published in the Gazette and the cancellation of such appointment shall likewise be published in the Gazette.

3. Ex officio commissioners of oaths

(1)Any person holding, or lawfully acting in, an office specified in Part I or Part II of the Schedule shall, during his tenure of office, or while so acting, except when suspended from exercising the functions thereof, be a commissioner of oaths for the area described in the second column of that Schedule opposite the name of his office.
(2)The Minister for Justice and Constitutional Development may, by notice in the Gazette amend Part II of the Schedule.

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 Swaziland Police, considers it desirable that a statement on oath or solemn or attested declaration be obtained in connection with any offence, and the person concerned is willing to make such statement or declaration, or whenever any statement on oath or solemn or attested declaration is required by any law in force: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, cognisance or authority.

5. Penalties for false statements

Any person who, in an affidavit or solemn or attested declaration made before a person competent to administer the oath or take such declaration, makes a false statement corruptly or maliciously, or makes such statement knowing it to be false, and with the intention of injuring another person, or benefiting himself, shall be guilty of an offence and liable on conviction to the penalties prescribed by law for the crime of perjury.

6. Regulations

The Deputy Prime Minister may make regulations not inconsistent with this Act 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 (Under section 3 of the Act)

Ex officio commissioners of oaths

Part I

[Amended P.18/1962; L.N.51/1999; L.N.112/2000]
Office heldArea in which oath may be administered or declaration taken
1. Justice of the PeaceRegion or area for which office is held
2. Notary PublicWhole of Swaziland
3. Attorney entitled to practice in SwazilandWhole of Swaziland
4. Chartered Accountant or Chartered Secretary and so permitted in writing by the Swaziland Institute of AccountsRegion or area for which office is held

Part II

Accountant-Generalarea and jurisdiction of office
Advances Manager, all Commercial Banksarea and jurisdiction of office
Administration and Public Relations Manager, Swaziland Sugar Associationarea and jurisdiction of office
Administration Manager, Swaziland National Provident Fundarea and jurisdiction of office
Assistant Attorney-Generalwhole of Swaziland
Assistant Commissioner of Taxesarea and jurisdiction of office
Assistant Commissioner of Policearea and jurisdiction of office
Assistant Commissioner of Correctional Servicesarea and jurisdiction of office
Assistant General Manager, Central Bank of Swazilandarea and jurisdiction of office
Assistant Investigator – Anti-Corruption Unitjurisdiction of office
Assistant Manager, all Commercial Banksarea and jurisdiction of office
Assistant Manager Public Affairs, Tibiyo Taka Ngwane (Lozitha)area and jurisdiction of office
Assistant Master of the High Courtjurisdiction of office
Assistant Judicial Commissionerjurisdiction of office
Assistant Director (both Postal and Telecommunications)area and jurisdiction of office
Assistant District Registrararea and jurisdiction of office
Assistant Personnel Manager, Ubombo Ranchesarea and jurisdiction of office
Assistant Registrar of the High Courtjurisdiction of office
Assistant Regional Officerarea and jurisdiction of office
Assistant Registrar-Generalarea and jurisdiction of office
Assistant Regional Officerarea and jurisdiction of office
Assistant Superintendent of Policearea and jurisdiction of office
Assistant Superintendent of Correctional Servicesarea and jurisdiction of office
Attorney-Generalwhole of Swaziland
Auditor-Generalarea and jurisdiction of office
Branch Manager – all Commercial Banks and Building Societiesarea and jurisdiction of office
Chairman of Civil Service Boardarea and jurisdiction of office
Chief Agricultural Officerarea and jurisdiction of office
Chief Agricultural Research and Development Officerarea and jurisdiction of office
Chief Anti-Corruption Officerjurisdiction of office
Chief Executive Officer – National Maize Corporationarea and jurisdiction of office
Chief Executive Officer, Swaziland Electricity Boardarea and jurisdiction of office
Chief Executive Officer, Swaziland National Provident Fundarea and jurisdiction of office
Chief Executive Officer, Swaziland Railwaysarea and jurisdiction of office
Chief Immigration Officerarea and jurisdiction of office
Chief of Protocolarea and jurisdiction of office
Chief Professional Officer, Works and Constructionjurisdiction of office
Clerk to House of Assemblyjurisdiction of office
Clerk to Local Authorityjurisdiction of office
Clerk to Senatejurisdiction of office
Commissioner – Anti-Corruption Unitjurisdiction of office
Commissioner of Taxesarea and jurisdiction of office
Commissioner of Co-operativesarea and jurisdiction of office
Commissioner of Correctional Servicesarea and jurisdiction of office
Commissioner of Policearea and jurisdiction of office
Company Secretary, Simunye Sugar Estatesarea and jurisdiction of office
Conveyancerwhole of Swaziland
Crown Counselwhole of Swaziland
Crown Prosecutorwhole of Swaziland
Customs Officerarea and jurisdiction of office
Deputy Accountant-Generalarea and jurisdiction of office
Deputy Attorney-Generalwhole of Swaziland
Deputy Auditor-Generalarea and jurisdiction of office
Deputy Director (Both Posts and Telecommunications)area and jurisdiction of office
Deputy Commissioner – Anti-Corruption Unitjurisdiction of office
Deputy Commissioner of Policearea and jurisdiction of office
Deputy Commissioner of Correctional Servicesarea and jurisdiction of office
Deputy Director of Public Prosecutionswhole of Swaziland
Deputy Governor – Central Bank of Swazilandarea and jurisdiction of office
Deputy Managing Director – all Commercial Banks and Building Societiesarea and jurisdiction of office
Deputy Registrar of the High Courtjurisdiction of office
Director Administration, Central Bank of Swazilandarea of jurisdiction of office
Director – Anti-Corruption Unitjurisdiction of office
Director of Educationarea and jurisdiction of office
Director of Geological Survey and Minesarea and jurisdiction of office
Director of Health Servicesarea and jurisdiction of office
Director of Medical Servicesarea and jurisdiction of office
Director of Both Posts and Telecommunicationsarea and jurisdiction of office
Director of Human Resources, City Council of Mbabanearea and jurisdiction of office
Director of Personnel and Administration Swaziland Railwaysarea and jurisdiction of office
Director of Public Prosecutionsarea and jurisdiction of office
Director, Water Services Corporationarea and jurisdiction of office
Director, Veterinary Servicesarea and jurisdiction of office
District Registrararea and jurisdiction of office
Executive Director, Conciliation, Mediation and Arbitration Commissionarea and jurisdiction of office
Executive Regional Human Resources Manager, Swazispa Holdingsarea and jurisdiction of office
Finance Manager, First National Bankarea and jurisdiction of office
Finance Manager, Havelock Asbestos Mines, Bulembu Minearea and jurisdiction of office
Finance Manager, Ubombo Ranchesarea and jurisdiction of office
Full time Commissioners, Conciliation, Mediation and Arbitration Commissionarea and jurisdiction of office
General Manager, Big Bend Sugar Estatesarea and jurisdiction of office
General Manager, all Commercial Banks and Building Societiesarea and jurisdiction of office
General Manager, Mhlume Sugar Companyarea and jurisdiction of office
General Manager, Ubombo Ranchesarea and jurisdiction of office
General Manager, Usuthu Pulp Companyarea and jurisdiction of office
General Manager, Swaziland Royal Sugar Corporationarea and jurisdiction of office
General Manager, Swaziland Building Societyarea and jurisdiction of office
General Manager, Swaziland Fruit Canners Companyarea and jurisdiction of office
Governor, Central Bank of Swazilandarea and jurisdiction of office
Government Statisticianarea and jurisdiction of office
Head of Credit and Risk Treasurer, First National Bankarea and jurisdiction of office
Head of Human Resources, First National Bankarea and jurisdiction of office
Human Resources Manager, Cadbury Swaziland Companyarea and jurisdiction of office
Human Resources Manager, Swaziland Holdings Limitedarea and jurisdiction of office
Human Resources Manager, Swazi Paper Millsarea and jurisdiction of office
Human Resources Manager, Swazispa Holdingsarea and jurisdiction of office
Human Resources Manager, Mhlume Sugar Companyarea and jurisdiction of office
Income Tax Officerarea and jurisdiction of office
Industrial Relations Manager, Mhlume Sugar Companyarea and jurisdiction of office
Industrial Relations Officer, Ubombo Ranchesarea and jurisdiction of office
Inspector of Machineryarea and jurisdiction of office
Inspector of Minesarea and jurisdiction of office
Inspector of Policearea and jurisdiction of office
Joint Managing Director, Big Bend Sugar Estatesarea and jurisdiction of office
Judicial Commissionerarea and jurisdiction of office
Juros Food Products (Pty) Ltd Human Resource Managerarea and jurisdiction of office
Labour Commissionerarea and jurisdiction of office
Labour Inspectorarea and jurisdiction of office
Labour Officer (Government)whole of Swaziland
Legal Training Officer/Counselwhole of Swaziland
Magistratewhole of Swaziland
Manager – (of any description) all Commercial Banksarea and jurisdiction of office
Manager, Banking, Central Bank of Swazilandarea and jurisdiction of office
Manager, Big Bend, First National Bankarea and jurisdiction of office
Manager, Centralised Credit, First National Bankarea and jurisdiction of office
Manager, International Division, First National Bankarea and jurisdiction of office
Manager of Finance and Administration-Office of the Registrar of Insurance and Retirement Fundsarea and jurisdiction of office
Manager of Licensing and Inspection-Office of the Registrar of Insurance and Retirement Fundsarea and jurisdiction of office
Manager, Resources Mandini, First National Bankarea and jurisdiction of office
Manager, Resources Matsapha, First National Bankarea and jurisdiction of office
Manager, Resources Mbabane, First National Bankarea and jurisdiction of office
Managing Director, all Commercial Banksarea and jurisdiction of office
Managing Director, First National Bankarea and jurisdiction of office
Managing Director, Tibiyo Insurance Brokersarea and jurisdiction of office
Managing Director, Usuthu Pulp Companyarea and jurisdiction of office
Master of the High Courtarea and jurisdiction of office
Mine Manager, Havelock Asbestos, Bulembu Minearea and jurisdiction of office
Old Mutual Life Assurance Company (Swaziland) Ltd Business Development Managerarea and jurisdiction of office
Old Mutual Life Assurance Company (Swaziland) Ltd Chief Executive Officerarea and jurisdiction of office
Old Mutual Life Assurance Company (Swaziland) Ltd Client Service Centre Managerarea and jurisdiction of office
Old Mutual Life Assurance Company (Swaziland) Ltd Financial Advisorarea and jurisdiction of office
Old Mutual Life Assurance Company (Swaziland) Ltd Financial Managerarea and jurisdiction of office
Old Mutual Life Assurance Company (Swaziland) Ltd Operations Managerarea and jurisdiction of office
Parliamentary Counselwhole of Swaziland
Personnel Manager (Forest), Sappiarea and jurisdiction of office
Personnel Manager, Mhlume Sugar Co.area and jurisdiction of office
Personnel Manager, Inyoni Yami Swaziland Irrigation Schemearea and jurisdiction of office
Personnel Manager, Sappiarea and jurisdiction of office
Personnel Manager, Simunye Sugar Estatesarea and jurisdiction of office
Personnel Manager, Swazi canarea and jurisdiction of office
Personnel Manager, Tibiyo Taka Ngwane (Lozitha)area and jurisdiction of office
Postmaster and Postmistressarea and jurisdiction of office
Principal Secretary for a Ministryarea and jurisdiction of office
Principal Accountant – Anti-Corruption Unitjurisdiction of office
Principal Auditor (Government)area and jurisdiction of office
Principal Crown Counselwhole of Swaziland
Principal Parliamentary Counselwhole of Swaziland
Principal Broadcasting and Information officerarea and jurisdiction of office
Principal Community Development officerarea and jurisdiction of office
Principal Magistratewhole of Swaziland
Principal, Swaziland Institute of Management and Public Administrationarea and jurisdiction of office
Principal, Swaziland College of Technologyarea and jurisdiction of office
Private Secretary to His Majestyarea and jurisdiction of office
Private Secretary to the Prime Ministerarea and jurisdiction of office
Protocol and Public Relations Manager, Beral Swaziland Co.area and jurisdiction of office
Pro-vice Chancellor, University of Swazilandarea and jurisdiction of office
Public Affairs Manager, Sappiarea and jurisdiction of office
Regional Manager, Wes Bank, First National Bankarea and jurisdiction of office
Regional Minister, Methodist Church of Southern Africa, Msunduzaarea and jurisdiction of office
Regional Secretaryarea and jurisdiction of office
Registrar of Companiesarea and jurisdiction of office
Registrar Generalarea and jurisdiction of office
Registrar of Births Marriages and Deathsarea and jurisdiction of office
Registrar of Deedsarea and jurisdiction of office
Registrar-Office of the Registrar of Insurance and Retirement Fundarea and jurisdiction of office
Registrar of the High Courtarea and jurisdiction of office
Registrar of Trade Marks, Patents and Designsarea and jurisdiction of office
Report Centre Commander – Anti-Corruption Unitjurisdiction of office
SAPPI - Training and Personnel Superintendent 
SAPPI - Industrial Relations Superintendent 
Secretary, Land Speculations Boardarea and jurisdiction of office
Secretary to the Board, Central Bank of Swazilandarea and jurisdiction of office
Security Manager, Sappiarea and jurisdiction of office
Security Manager, Swazispa Holdingsarea and jurisdiction of office
Security Services Manager, Mhlume Sugar Companyarea and jurisdiction of office
Senior Anti-Corruption Officerjurisdiction of office
Senior Commissioners, Conciliation, Mediation and Arbitration Commissionarea and jurisdiction of office
Senior Crown Counselwhole of Swaziland
Senior Customs Officerarea and jurisdiction of office
Senior Government Security Officerarea and jurisdiction of office
Senior Information Officerarea and jurisdiction of office
Senior Labour Officer (Government)area and jurisdiction of office
Senior Magistratearea and jurisdiction of office
Senior Parliamentary Counselarea and jurisdiction of office
Senior Partner, Price Waterhousearea and jurisdiction of office
Senior Regional Officerarea and jurisdiction of office
Senior Superintendent of Policearea and jurisdiction of office
Senior Superintendent of Correctional Servicesarea and jurisdiction of office
Sergeant of Policearea and jurisdiction of office
Station Commanderarea and jurisdiction of office
Surveyor Generalarea and jurisdiction of office
Superintendent of Correctional Servicesarea and jurisdiction of office
Superintendent of Policearea and jurisdiction of office
Swaziland Electricity Board Managerarea and jurisdiction of office
Swaziland Fruit Canners (Pty) Ltd Human Resource Managerarea and jurisdiction of office
Swaziland National Provident Fund Senior Manager Human Resourcesarea and jurisdiction
Swaziland National Provident Fund Senior Manager Corporate Servicesarea and jurisdiction
Teba Representative in any regionarea and jurisdiction of office
Teba Clerk In Charge – Mbabanearea and jurisdiction of office
Town Clerk/Chief Executive Officer, City Council of Mbabanearea and jurisdiction of office
Town Clerk to Council/City Secretary, City Council of Mbabanearea and jurisdiction of office
Training Manager, Sappiarea and jurisdiction of office
Under Secretary in a Ministryarea and jurisdiction of office
Vice Chancellor, University of Swazilandarea and jurisdiction of office
[Amended P.18/1962; L.N.35/1972; L.N.58/1994; L.N.69/1995; L.N.51/1999; L.N.112/2000; L.N.13/2002; L.N.56/2002; L.N.102/2002; L.N.119/2002; L.N.88/2003; L.N.98/2003; L.N.43/2008; L.N.162/2008; L.N.163/2008; L.N.54/2009; L.N.118/2009; L.N.126/2009; L.N.169/2009.]
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History of this document

01 December 1998 this version
Consolidation
03 July 1942
Commenced

Cited documents 0

Documents citing this one 55

Gazette 52
  1. Swaziland Government Gazette dated 1978-06-30 number 895
  2. Swaziland Government Gazette dated 1978-11-24 number 919
  3. Swaziland Government Gazette dated 1979-02-09 number 930
  4. Swaziland Government Gazette dated 1979-03-02 number 934
  5. Swaziland Government Gazette dated 1979-07-20 number 961
  6. Swaziland Government Gazette dated 1979-09-28 number 972
  7. Swaziland Government Gazette dated 1981-08-21 number 115
  8. Swaziland Government Gazette dated 1990-03-09 number 712
  9. Swaziland Government Gazette dated 1991-04-12 number 790
  10. Swaziland Government Gazette dated 1991-07-26 number 812
  11. Swaziland Government Gazette dated 1991-11-29 number 833
  12. Swaziland Government Gazette dated 1991-12-20 number 816
  13. Swaziland Government Gazette dated 1992-09-11 number 899
  14. Swaziland Government Gazette dated 1994-04-15 number 18
  15. Swaziland Government Gazette dated 1994-09-16 number 47
  16. Swaziland Government Gazette dated 2000-03-24 number 550
  17. Swaziland Government Gazette dated 2000-09-29 number 607
  18. Swaziland Government Gazette dated 2002-02-22 number 802
  19. Swaziland Government Gazette dated 2002-04-26 number 824
  20. Swaziland Government Gazette dated 2002-08-02 number 849
  21. Swaziland Government Gazette dated 2002-08-30 number 859
  22. Swaziland Government Gazette dated 2002-10-04 number 867
  23. Swaziland Government Gazette dated 2004-09-24 number 102
  24. Swaziland Government Gazette dated 2005-04-22 number 036
  25. Swaziland Government Gazette dated 2005-11-11 number 115
  26. Swaziland Government Gazette dated 2006-10-06 number 119
  27. Swaziland Government Gazette dated 2006-12-22 number 153
  28. Swaziland Government Gazette dated 2007-06-08 number 60
  29. Swaziland Government Gazette dated 2007-07-27 number 81
  30. Swaziland Government Gazette dated 2007-09-21 number 100
  31. Swaziland Government Gazette dated 2007-11-02 number 116
  32. Swaziland Government Gazette dated 2008-03-21 number 27
  33. Swaziland Government Gazette dated 2011-03-04 number 18
  34. Swaziland Government Gazette dated 2012-07-24 number 82
  35. Swaziland Government Gazette dated 2012-09-20 number 103
  36. Swaziland Government Gazette dated 2013-08-23 number 114
  37. Swaziland Government Gazette supplement dated 1983-03-25 number 214
  38. Swaziland Government Gazette supplement dated 1983-06-24 number 228
  39. Swaziland Government Gazette supplement dated 1983-07-22 number 233
  40. Swaziland Government Gazette supplement dated 1987-05-22 number 518
  41. Swaziland Government Gazette supplement dated 1987-08-07 number 534
  42. Swaziland Government Gazette supplement dated 1987-09-25 number 548
  43. Swaziland Government Gazette supplement dated 1988-01-08 number 571
  44. Swaziland Government Gazette supplement dated 1989-02-17 number 643
  45. Swaziland Government Gazette supplement dated 1989-11-24 number 693
  46. Swaziland Government Gazette supplement dated 1999-04-16 number 466
  47. Swaziland Government Gazette supplement dated 2011-03-04 number 18
  48. Swaziland Government Gazette supplement dated 2011-04-08 number 37
  49. Swaziland Government Gazette supplement dated 2011-08-12 number 86
  50. Swaziland Government Gazette supplement dated 2011-10-28 number 113
  51. Swaziland Government Gazette supplement dated 2012-02-24 number 16
  52. Swaziland Government Gazette supplement dated 2012-03-09 number 23
Judgment 2
  1. Craven v Craven (323 of 2012) [2019] SZHC 120 (8 July 2019)
  2. Pricewater House Coopers Advisory Services (Pty) Ltd and Another v Diamond Africa (3082 of 2010) [2013] SZHC 8 (28 February 2013)
Legislation 1
  1. Road Traffic Act, 2007