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Oaths Act [Cap 42]

LAWS OF FIJI

CHAPTER 42

OATHS

Ordinances Nos. 2 of 1897, 7 of 1964

AN ACT TO AMEND THE LAW AS TO OATHS

[28th May, 1897.]

Short title

1. This Act may be cited as the Oaths Act.

Affirmation

2. Where-

(a) any person objects to being sworn and states as a ground of such objection-

(i) that he has no religious belief; or

(ii) that the taking of an oath is contrary to his religious belief; or

(iii) that he is not morally bound by taking an oath; or

(b) it is impossible or impracticable for any person to take an oath; or

(c) any person by reason of any defect of religious knowledge or belief is incapable of comprehending the nature of an oath,

such person may be permitted to make his solemn affirmation instead of taking an oath in all places and for all purposes where an oath is or shall be required by law, which affirmation shall be of the same force and effect as if he had taken the oath, and if any person making such affirmation shall wilfully, falsely and corruptly affirm any matter or thing which, if deposed on oath, would have amounted to wilful and corrupt perjury, he shall be liable to prosecution, indictment, sentence and punishment in all respects as if he had committed wilful and corrupt perjury:

Provided that nothing in this Act shall prevent any person from being sworn according to the ceremonies of his own religion or in such manner as such person may deem binding on his conscience.

(Section amended by 7 of 1964, s. 2.)

Form of affirmation

3. Every such affirmation shall be as follows:-

"I A.B. do solemnly and sincerely and truly declare and affirm"

and then proceed with the words of the oath prescribed by law omitting any words of imprecation or calling to witness.

Validity

4. Where an oath has been duly administered and taken the fact that the person to whom the same was administered had at the time of taking such oath no religious belief shall not for any purpose affect the validity of such oath.

Form of affirmation in writing

5. Every affirmation in writing shall commence-

"I of do solemnly and sincerely affirm",

and the form in lieu of jurat shall be-

"Affirmed at this day of , 19 .
Before me.".

Oath may be administered as in Scotland

6. If any person to whom an oath is administered desires to swear with uplifted hand in the form and manner in which an oath is usually administered in Scotland he shall be permitted so to do and the oath shall be administered to him in such form and manner without further question.

Controlled by Ministry of Attorney-General

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