Justices of the Peace and Commissioners of Oaths Proclamation

Proclamation 13 of 1945

Citation
Proclamation 13 of 1945
Date
24 September 1948
Language
English
Type
Proclamation
Lesotho

Justices of the Peace and Commissioners of Oaths Proclamation

Proclamation 13 of 1945

[13 of 1945; 53 of 1948; Cap. 34; 18 of 1955; 13 of 1960]To make better provision for the appointments, powers and jurisdic­tion of Justices of the Peace and Commissioners of Oaths.

1. Short title

This Proclamation may be cited as the Justices of the Peace and Commissioners of Oaths Proclamation.

Part I

2. Appointment of Justices of the Peace

The Resident Commissioner1 may appoint Justices of the Peace 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.
(2)Any person holding or lawfully acting in an office mentioned in this sub-section shall, during his tenure of that office, or while he is so acting, and except when suspended from exercising the powers thereof, be a Justice of the Peace for the area in this sub-section specially provided, that is to say—
(a)the Commissioner of Police, and every Senior District Officer shall be a Justice of the Peace for each District in Basuto­land;
(b)any commissioned officer of the police shall be a Justice of the Peace for the area in which he holds his office;
(c)any District Officer shall be a Justice of the Peace for the District in which he holds office, and as such shall possess within such area the powers and jurisdiction conferred, and shall perform the duties and obligations imposed, by any law in force therein upon 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—
(a)possess within his area the powers and jurisdiction conferred, and perform the duties and obligations imposed, by any law in force in that area upon Justices of the Peace;
(b)carry out such instructions for the preservation of the peace and good order of his area as he may from time to time receive from the District Commissioner of the district in which the area is situate and shall further perform such other duties as the High Commissioner may, from time to time lawfully assign to him.

Part II – Commissioners of Oaths

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

(1)Any person holding, or lawfully acting in, any office specified in the Schedule to this Proclamation shall, during his tenure thereof or while he is so acting and except when suspended from exercising the functions thereof, be a Commissioner of Oaths for the area described in the second column of that Schedule opposite the name of his office.
(2)The Resident Commissioner1 may, from time to time by Notice in the Gazette, amend the said Schedule by the addition thereto of any office whatsoever, or by the deletion therefrom of any office men­tioned in that Schedule, and by prescribing an area of jurisdiction in respect of any office so added.1As amended by 13 of 1960.

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.

Schedule

Ex officio Commissioners of Oaths3

3As substituted by H.C.N. 21 of 1957.
Office heldArea in which oath may be administered or declaration taken
Agricultural and Veterinary Services—
Director of Agricultural and Livestock ServicesBasutoland.
Principal Agricultural OfficerBasutoland.
Principal Veterinary OfficerBasutoland.
Central Stores—
Comptroller of StoresBasutoland.
District Administration—
Administrative Officers, including CadetsBasutoland.
Education—
Director of EducationBasutoland.
Deputy Director of EducationBasutoland.
Judicial—
Registrar and Master of the High CourtBasutoland.
Judicial CommissionerBasutoland.
MagistrateBasutoland.
Legal—
Legal SecretaryMaseru District.
Leper Settlement—
Superintendent, Leper SettlementMaseru District.
Medical—
Director of Medical ServicesBasutoland.
National Treasury—
Sub-Accountant, Basuto National TreasuryBasutoland.
Police—
All members of the Basutoland Mounted Police of or above the rank of SergeantBasutoland.
Post and Telegraphs—
PostmasterBasutoland.
Senior PostmasterBasutoland.
Prisons—
Superintendent of PrisonsBasutoland.
Assistant Superintendent of PrisonsBasutoland.
Senior GaolerDistrict in which stationed.
Public Works—
Director of Public WorksBasutoland.
Public—
Attorneys admitted to practice in the TerritoryBasutoland.
Justices of the PeaceArea for which empowered or appointed to function.
Secretariat—
Government SecretaryBasutoland.
First Assistant SecretaryBasutoland.
Treasury—
Financial SecretaryBasutoland.
Assistant TreasurerMaseru District.
AccountantMaseru District.
Assistant AccountantMaseru District.
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History of this document

24 September 1948 this version
Commenced