Statutory Declarations Act

Chapter 24

Statutory Declarations Act

Uganda

Statutory Declarations Act

Chapter 24

  • Commenced on 23 June 2000
  • [This is the version of this document at 31 December 2023.]
  • [Note: This legislation was revised and consolidated as at 31 December 2000 and 31 December 2023 by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
[Act 10/2000; Cap. 22 (Revised Edition, 2000)]An Act to provide for the making of statutory declarations and for related matters.

1. Interpretation

In this Act, unless the context otherwise requires—Commissioner for Oaths” means a Commissioner for Oaths appointed under the Commissioners for Oaths (Advocates) Act;currency point” has the value assigned to it in Schedule 1 to this Act;judge” means the Chief Justice, Deputy Chief Justice, a justice of the Supreme Court, a justice of the Court of Appeal and a judge of the High Court, and includes an acting judge;justice of the peace” means a justice of the peace appointed under the Justices of the Peace Act;notary public” means a notary public licensed under the Notaries Public Act;Registrar” means the Registrar of the Supreme Court, Court of Appeal or the High Court.

2. Restriction on use of affidavits

After the commencement of this Act, no affidavit shall be sworn for any purpose, except—
(a)where it relates to any proceedings, application or other matter commenced in any court or referable to a court; or
(b)where under any written law an affidavit is authorised to be sworn.

3. Use of statutory declarations

(1)In every case to which section 2 does not apply, a person wishing to depone to any fact for any purpose may do so by means of a statutory declaration.
(2)Where any person has sworn to an affidavit for any purpose other than a purpose referred to in section 2, that affidavit shall, nevertheless, be taken for all purposes to be a statutory declaration.

4. Form of statutory declaration

A statutory declaration shall be in the form specified in Schedule 2 to this Act.

5. Procedure for making statutory declarations

(1)A judge, the Registrar, a magistrate, or a justice of the peace, a notary public and any Commissioner for Oaths may take and receive the statutory declaration of any person voluntarily making it before him or her and shall certify it under his or her signature.
(2)For the avoidance of doubt, the officers referred to in section 13 of the Oaths Act may take a statutory declaration under this Act, in similar circumstances as the administration of an oath under that section; and any statutory declaration taken under this section shall have the same effect as an oath administered under that section.
(3)Section 7 shall apply to a statutory declaration taken under this section.

6. Taking statutory declarations outside Uganda

(1)A person wishing to depone outside Uganda to any fact for any purpose in Uganda may make a statutory declaration before any person authorised to take a statutory declaration by the law of the country in which the declaration is made.
(2)Judicial and official notice shall be taken of the signature and seal of the person taking a statutory declaration under this section and affixed, impressed or subscribed to any statutory declaration referred to in subsection (1).
(3)A statutory declaration taken outside Uganda under this section shall not be admissible in evidence unless it is registered with the registrar of documents under the Registration of Documents Act.

7. Offences and penalties

(1)Any person who—
(a)makes a statutory declaration which he or she knows to be false in a material particular;
(b)recklessly makes a statutory declaration false in a material particular; or
(c)utters or presents as true, a false statutory declaration knowing it to be false,
commits an offence and is liable, on conviction, to a fine not exceeding one hundred currency points, or to imprisonment for a term not exceeding three years, or both.
(2)For the avoidance of doubt, subsection (1) shall apply to all statutory declarations including any declaration provided for under any other law, notwithstanding any other penalty prescribed in that law.

8. Fees

The fees payable on the making of a statutory declaration shall be the same as those payable on the taking of an affidavit.

9. Power to amend Schedule 1

The Minister responsible for justice 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 4)

Form of Statutory Declaration

I, ____________________, (full name and address) solemnly and sincerely declare that ____________________________________ and I make this solemn declaration conscientiously believing it to be true, in accordance with the Statutory Declarations Act.Dated this _____________ day of ___________, 20______________.________________ Signature of DeclarantDeclared on this ______________ day of ___________, 20___________, at ______________________________ (state place)Before me________________Signature of person taking declaration(Judge, Registrar, Magistrate, Justice of the Peace, etc.)
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History of this document

31 December 2023 this version
Chapter 24

Revised Laws 2023

Consolidation
31 December 2000
Chapter 22

Revised Laws 2000

Consolidation
Read this version
23 June 2000
Commenced

Cited documents 1

Act
1

Documents citing this one 185

Judgment
9

 

A consent judgment was set aside for illegality, collusion, and misunderstanding, requiring parties to revert to their pre-judgment positions.
Civil procedure – Consent judgment – Setting aside consent judgment – Collusion, illegality, and misapprehension of material facts – Legal effect of statutory declaration regarding identity – Authority of Assistant Registrar – Binding effect of actions by counsel.
The court assessed compliance with SIM card registration regulations and discretionary breaches by MTN Uganda.
Telecommunications Law – Customer service obligations – Regularization of SIM card data – Breach of service terms.
Petitioner proved some irregularities and localized intimidation but failed to show these substantially affected the presidential election result; petition dismissed.
Presidential election petition — statutory non‑compliance (publication of polling stations; supply/display of voters’ registers) — principles of free and fair elections — evidence by affidavit; standard: "proved to the satisfaction of the Court" — proof of substantial effect on result required — illegal practices: agency and knowledge/consent essential — localized intimidation by security forces proved but not sufficient to annul election.
High Court granted habeas corpus to test lawfulness of private rehabilitation confinement despite spousal sponsorship and asserted statutory compliance.
Habeas corpus – detention in private rehabilitation facility – lawfulness of confinement – spousal sponsorship and consent – safeguards under the Mental Health Act – High Court jurisdiction to assess liberty and order production for independent assessment.

Trademark Law – likelihood of confusion – visual, conceptual, and Phonetic Comparison – test of overall impression – importance of color combinations – double similarity requirement

Managers with knowledge relevant to a labour dispute can represent a company in court, even without express board authorisation.
Labour law – Representation of corporate employers – Authority to institute and defend proceedings – Requirement (or not) for board resolution or power of attorney – Effect of lack of express authorisation on pleadings – Labour procedure distinguished from corporate/commercial law – Role of managerial control and substantive justice.
Applicant lacked sufficient interest and res judicata applied; appointment process lawful and application dismissed.
Judicial review — standing/ sufficient interest — applicant as mere busybody or former employee; Res judicata — prior High Court determination of appointee's date of birth; Administrative law — irrationality, illegality, procedural impropriety alleged in appointment process; Statutory construction — section 14(1) Civil Aviation Authority Act does not limit board to recommending a single candidate; Affidavits — compliance with Order 19 Rule 3 of CPR.
A temporary injunction cannot be granted absent a corresponding permanent injunction; counsel held personally liable for costs.
Civil procedure – Temporary injunctions require a corresponding permanent injunction in the main suit; joinder of necessary parties (Registrar of Titles) when restraining its action; identity discrepancies require statutory declaration; counsel’s procedural negligence may attract personal costs.