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Promissory Oaths Act [Cap 76]

LAWS OF FIJI

CHAPTER 76

PROMISSORY OATHS

Ordinances Nos. 9 of 1956, 14 of 1966.
Order 7th Oct. 1970.
Act No. 14 of 1975

AN ACT TO PROVIDE FOR THE ADMINISTRATION OF PROMISSORY OATHS

[13th September, 1956]

Short title

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

Form of Oaths

2. The several oaths required to be taken under this Act shall be in the forms set forth in the First Schedule.

Persons to take and tender oaths

3. The several oaths set out in the first column of the Second Schedule shall be taken by the respective persons named in the second column of the said Schedule as soon as may be after their appointment to or acceptance of office, and shall be tendered by the respective persons named in the third column of the said Schedule.

Avoidance of unnecessary repetition of oaths

4. Notwithstanding the provisions of section 3, no person shall be required, upon appointment or acceptance of office, to take any oath if he shall, on any previous occasion, have taken such oath within Fiji, either in respect of the same or any other appointment or office, unless the Governor-General shall otherwise direct.

Consequences of not taking prescribed oaths

5. Nothing in this Act contained shall render, or be deemed to render or be deemed to have rendered, invalid any act done or which hereafter may be done by a person holding a public office in Fiji in the execution or intended execution of his official duties by reason only of the omission by such person to take any such oath which by reason of the provisions of this Act such person should take or have taken:

Provided that, if any person declines, neglects or omits, where any oath to be taken under this Act is duly tendered, to take such oath 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 on the same.

Cases in which affirmation is allowed in lieu of oath

6. When an oath is required to be taken under this Act, every person for the time being by law permitted to make a solemn affirmation or declaration instead of taking an oath may, instead of taking such oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words "solemnly, sincerely truly declare and affirm" for the word "swear" and omitting the words "So help me God".

Name of the Sovereign for the time being to be used in oaths

7. When in any oath under this Act the name of Her present Majesty is expressed, the name of the Sovereign of Fiji, for the time being, shall be substituted from time to time. (Amended by 14 of 1975, s.2).

Oaths to be recorded and attested

8. Every oath taken in pursuance of this Act shall be recorded in a book I for the purpose and the person taking the oath shall at the time thereof be required to place his signature in such book and the person tendering the said oath shall attest the same in the book, and such book shall be conclusive evidence for all purposes that any oath therein recorded has been duly taken and recorded.

Saving

9. Nothing in this Act shall affect any other oath required or authorized by law to be taken or made.

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FIRST SCHEDULE
(Substituted by 14 of 1966, s. 2)
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FORMS OF OATHS
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OATH OF ALLEGIANCE

I, , swear that I will be faithful and bear true allegiance to Her Majesty, Queen Elizabeth the Second, Her Heirs and Successors according to law. So help me God.

OFFICIAL OATH

I, , swear that I will well and truly serve Her Majesty, Queen Elizabeth the Second, Her Heirs and Successors according to law, in the office of
(here insert the description of the office)
So help me God.

OATH OF SECRETARY TO THE CABINET

I , being called upon to exercise the functions of Secretary to the Cabinet, do swear that, except with the authority of the Cabinet, I will not directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any document relating to such business or proceedings or any matter coming to my knowledge in my capacity as Secretary to the Cabinet.
So help me God.
(Inserted by Order 7th October, 1970)

SECOND SCHEDULE
(Amended by 14 of 1966, s. 3 and by Order 7th October, 1970)

*Delegated to Commissioner of Police (Notice 11th November, 1965)
t Chief Justice, Puisne Judges and Commissioners of Divisions appointed (Gazette Notice 19th January, 1957)
tt Commissioners of Divisions appointed (Gazette Notice 29th November, 1956), Chief Justice appointed (Gazette Notice 29th February, 1972).

Controlled by Office of the Prime Minister

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