Malawi
Promissory Oaths Acts
Chapter 17:01
- Assented to on 14 June 1966
- Commenced on 6 July 1966
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short title
This Act may be cited as the Promissory Oaths Act.2. Forms of oaths
The several oaths required to be taken under this Act shall be in the forms set forth in the First Schedule.3. Persons to take and tender oaths
Subject to section 6 (1) of the Republic of Malawi (Constitution) Act, the several oaths set out in Column 1 of the Second Schedule shall be taken by the respective persons named in Column 2 of that Schedule, after their appointment to or acceptance of office, and shall be tendered by the respective persons specified in Column 3 of that Schedule.4. Avoidance of unnecessary repetition of oaths
Notwithstanding section 3, no person shall be required, upon appointment to or acceptance of office, to take any oath if he shall on any previous occasion have taken such oath within Malawi, either in respect of the same or any other appointment or office, unless the President shall otherwise direct.5. Consequences of not taking prescribed oaths
Nothing in this Act contained shall render, or be deemed to render or to have rendered invalid, any act done, or which may hereafter be done, by a person holding a public office in Malawi in the execution or intended execution of his official duties, by reason only of the omission by such person to take any oath which under 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 already have entered on his office be disqualified for entering on the same.6. Affirmation allowed in lieu of oath
When an oath is required to be taken under this Act, any person may, instead of taking the oath, make a solemn affirmation in the form of the oath hereby appointed, substituting the words “solemnly, sincerely and truly declare and affirm” for the word “swear”, and omitting the words “So help me God”.7. Oaths to be recorded and attested
Every oath taken in pursuance of this Act shall be recorded in a book kept 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 any such book shall be conclusive evidence for all purposes that any oath therein recorded has been duly taken and recorded.8. Savings
Nothing in this Act shall affect any other oath required or authorized by law to be taken or made.History of this document
31 December 2014 this version
Consolidation
06 July 1966
Commenced
14 June 1966
Assented to