Justices of the Peace and Commissioners of Oaths Proclamation, 1945

2. Appointment of Justices of the Peace

3. General powers and duties of Justices of the Peace appointed under this Proclamation

Every person who has been appointed or has become a Justice of the Peace shall during his tenure of office—

4. Appointment of Commissioners of Oaths

The Resident Commissioner¹ may appoint Commissioners of Oaths for Basutoland who shall hold their Commissions during the pleasure of the Resident Commissioner. The name and address of every person so appointed shall be notified by the Resident Commissioner in the Gazette, and on the cancellation of any such appointment that fact shall be likewise notified.¹As amended by 13 of 1960.

5. Ex officio Commissioners of Oaths

6. Powers and jurisdiction of Commissioners of Oaths

A Commissioner of Oaths may, within the area in respect of which he is under this Proclamation appointed, or declared to be a Commissioner of Oaths, administer an oath on affidavit, or take a solemn or attested declaration, whenever requested to do so, or whenever he, if he is also a member of the Basutoland Mounted Police, considers it desirable that a statement on oath or solemn or attested declaration be obtained in connection with any offence, and the person concerned is willing to make such statement or declaration,² or whenever statements on oath or solemn or attested declarations are required by any law in force in that area: Provided that he shall not administer an oath or take a solemn or attested declaration in respect of any matter in which he has not, or does not believe himself to have, jurisdiction, cognisance or authority.²As amended by 18 of 1955.

7. Penalties for false statements in affidavits, etc.

Any person who, in an affidavit or solemn or attested declara­tion made before a person competent to administer the oath or take the declaration, makes a false statement corruptly or maliciously, or makes such statement knowing it to be false and with the intention of injuring another person or benefiting himself, shall be guilty of an offence and liable upon conviction to the penalties prescribed by law for the crime of perjury.

8. Regulations

The High Commissioner in Council¹ may make regulations not inconsistent with this Proclamation prescribing the form and manner in which oaths and declarations shall be taken, when not prescribed by any other law, and generally for the better carrying out of the objects and purposes of this Proclamation.¹As amended by 13 of 1960.

9. Previous oaths valid

The oaths and solemn declarations at any time previously administered and taken by the holder of any office specified in the Schedule to this Proclamation, if administered or taken in the ordinary course of his duties, are hereby declared to be valid.