The republic of uganda in the supreme court of uganda at kampala

Now S.5 (1) of the Commissioners for Oaths (Advocates) Act, reads as follows:

“A Commissioner for Oaths, may by virtue of his commission, in any part of Uganda, administer any Oath or take any affidavit for the purpose of any court or matter in Uganda,……..

Provided that a commissioner for oaths shall not exercise any of the powers given by this section in any proceeding or matter in which he is the advocate for any of the parties to the proceeding or concerned in the matter

With respect I do not agree with Mr. Balikuddembe that the above quoted proviso only prohibits the swearing of a client by his own advocate/commissioner. The prohibition includes the swearing of witnesses in a case where the advocate appears. I understand Mr. Balikuddembe to contend that Mr. Birungi and Mr. Kiyemba-Mutale were not advocates for the petitioner at the time when the various witnesses made the affidavits before the two advocates. There is nothing on the record to controvert this. Further, there is no evidence before us to show that the two advocates or any one of them is a member of the firm of Balikuddembe and Company advocates. I think that if one or both were members of the firm the affidavits would be caught by the proviso. That being the case, I do not, with respect, accept the argument that any of the affidavits sworn before either Mr. Birungi or Mr. Kiyemba-Mutale are defective by reason of client/advocate relationship and therefore inadmissible in these proceedings.