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Vanuatu Consolidated Legislation - 1988 |
Commencement: 1 February 1964
LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988
CHAPTER 37
OATHS
JR 1 of 1964
JR 2 of 1976
Act 10 of 1988
ARRANGEMENT OF SECTIONS
SECTION
1. Interpretation
2. Oath of allegiance
3. Official oath
4. Judicial oath
5. Oath for members of Parliament
6. Oaths to be taken by certain officers
7. Unnecessary repetitions of oaths
8. Consequence of omission to take oath
9. Provisions applicable to certain special cases and for certain persons to affirm
10. Authority for judicial officers to administer oaths
11. Commissioners for Oaths
12. Persons authorised to take certain statutory declarations
SCHEDULE 1
SCHEDULE 2
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OATHS
To provide for the taking of oaths and for matters relating and incidental thereto.
INTERPRETATION
1. In this Act, unless the context otherwise requires -
"Commissioner for Oaths" means a Commissioner for Oaths appointed under section 11;
"judicial oath" means an oath in the form set out in section 4;
"judicial officer" includes judge, magistrate and justice of an island court;
"magistrate's court" means a magistrate's court established under the Courts Act, Cap. 122;
"oath of allegiance" means an oath in the form set out in section 2;
"official oath" means an oath in the form set out in section 3;
"promissory oath" includes any oath of allegiance and any judicial or official oath.
OATH OF ALLEGIANCE
2. The oath of allegiance shall be in the following form -
"I .......................... do swear [or solemnly affirm] that I will well and truly serve and bear true allegiance to the Republic of Vanuatu according to law. [So help me God]".
OFFICIAL OATH
3. The official oath shall be in the following form -
"I .......................... do swear for solemnly affirm] that I will bear true faith and allegiance to the Republic of Vanuatu and will uphold the Constitution and the law and I will conscientiously, impartially and to the best of my ability discharge my duties as ............................ and do right to all manner of people without fear or favour, affection or ill-will. [So help me God]".
JUDICIAL OATH
4. The judicial oath shall be in the following form -
"I, ........................ I having been appointed ....................... of the Republic of Vanuatu do swear [or solemnly affirm] that I will bear true faith and allegiance to the Republic of Vanuatu and will uphold the Constitution and the law, that I will conscientiously, impartially and to the best of my knowledge, judgment and ability discharge the functions of my office and do right to all manner of people after the laws and usages of the Republic of Vanuatu without fear or favour, affection or ill-will. [So help me God]".
OATH FOR MEMBERS OF PARLIAMENT
I .......................... having been elected a member of Parliament do swear [or solemnly affirm] that I will bear true faith and allegiance to the Republic of Vanuatu, will uphold the Constitution and the law, and will conscientiously and impartially discharge the responsibilities to the people of the Republic of Vanuatu upon which I am about to enter. [So help me God]"
(2) The oath of allegiance shall be taken and subscribed by each member of Parliament during the first sitting of Parliament following a general election or during the sitting at which a member of Parliament first takes up his seat in Parliament before the Chief Justice or judge or some other person for the time being authorised to administer oaths.
OATHS TO BE TAKEN BY CERTAIN OFFICERS
(2) Subject as hereinafter provided the oath of allegiance and the judicial oath shall be taken and subscribed by each of the officers named in, or whose names may hereafter be added to, Schedule 2, as soon as may be after his acceptance of office, in the case of the Chief Justice or a judge before the President of the Republic of Vanuatu, and in the case of any other officer before the Chief Justice or a judge or some other person for the time being authorised by law to administer oaths.
(3) The Minister responsible for legal matters may from time to time by order amend either Schedule 1 or 2.
UNNECESSARY REPETITION OF OATHS
CONSEQUENCE OF OMISSION TO TAKE OATH
Provided that, if any person declines, neglects or omits, where any oath or affirmation required to be taken or made by him under this Act is duly tendered, to take such oath or make such affirmation, he shall, if he shall have already entered on his office, vacate the same, and if he shall not have already entered on his office, be disqualified from entering the same.
PROVISIONS APPLICABLE TO CERTAIN SPECIAL CASES AND FOR CERTAIN PERSONS TO AFFIRM
(2) Where an oath or affirmation has been duly administered and taken the fact that the person making such oath or affirmation had at the time of the making thereof no religious belief shall not for any purpose affect the validity of such oath.
AUTHORITY FOR JUDICIAL OFFICERS TO ADMINISTER OATHS
(2) Any registrar of the Supreme Court and any clerk of a magistrate's court and any clerk of an island court, acting under the directions of the judicial officer for the time being presiding over any such court, may administer any lawful oath or take any affidavit, affirmation or declaration which may be required to be taken in relation to any matter or proceedings before the court to which he is appointed as such registrar or clerk, as the case may be.
COMMISSIONERS FOR OATHS
(2) A Commissioner for Oaths may, by virtue of his commission, administer any oath or take any affidavit for the purposes of any court or matter in Vanuatu, including matters relating to the registration of any instrument in Vanuatu, and take any bail or recognisance in or for the purpose of any civil proceeding in the Supreme Court or any magistrate's court or any island court:
Provided that a Commissioner for Oaths shall not exercise any of the powers conferred by this section in any proceeding in which he is solicitor to any of the parties to the proceeding, or clerk to any such solicitor, or in which he is interested.
(3) Any oath or affidavit required for the purpose of any court or matter in Vanuatu, or for the registration of any instrument in Vanuatu, may be taken or made in any place out of Vanuatu before any person having authority to administer an oath in that place, and in the case of a person having such authority, otherwise than by the law of any country which is not part of the Commonwealth, judicial and official notice shall be taken of his seal or signature affixed, impressed or subscribed to or on any such oath or affidavit.
(4) Every Commissioner for Oaths before whom any oath or affidavit is taken or made under this section shall state truly in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.
(5) In this section -
"affidavit" includes affirmation, statutory or other declaration, acknowledgement, examination, and attestation or protestation of honour;
"oath" includes affirmation and declaration; and swear" includes affirm, declare and protest.
PERSONS AUTHORISED TO TAKE CERTAIN STATUTORY DECLARATIONS
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SCHEDULE 1
Prime Minister
Speaker of Parliament Minister
Attorney General
Auditor General
Ombudsman
Public Prosecutor
Public Solicitor
Commissioner of Police
Chairman of the National Council of Chiefs
Chairman of the Public Service Commission
Chairman of the Judicial Service Commission
Chairman of the Police Service Commission
Chairman of the Teaching Service Commission
Chairman of the Electoral Commission
Vanuatu High Commissioners or Ambassadors accredited to other foreign countries or international Organisation
Clerk of Parliament
Chief Registrar of the Supreme Court.
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SCHEDULE 2
Chief Justice
Judge of the Supreme Court
Magistrate
Justice of an Island Court
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URL: http://www.paclii.org/vu/legis/consol_act1988/oa79