| Statutory Declarations Act, 2000: S. 7(3):
Mr. Nkurunziza submitted further that the ‘affidavit’ of Hon. Maj. (Rtd) Okwir Rabwoni, M.R, made in London, U.K., on 23 March 2001, was not an affidavit, but a statutory declaration, and that by virtue of S.7 (3) of the Statutory Declarations Act No.10 of 2000, it was not admissible in evidence, because it was not registered under the Registration of Documents Act. In reply, Mr. Balikuddembe submitted that the affidavit, being one sworn for the purpose of, and related to, the proceedings in this Court, was accepted under S.3 of the said Act and did not have to be registered.
The first point of argument was whether the document was an affidavit or a statutory declaration. There is no doubt that it related to the proceedings in this Court. It was so headed, and was titled an affidavit. What raised the dispute was that it opened with the following statement:
“I am a Ugandan citizen……..hereby solemnly and sincerely declare the following:-”
and concluded with the following statement:
“AND MAKE THIS SOLEMN DECLARATION CONSCIENTIOUSLY believing the same to be true and by virtue of the Statutory Declarations Act 735(sic).”
To my mind, those statements, rather than the title, were what gave the document its character. Further it is noteworthy that the person before whom the declaration was made deleted the expression “Commissioner for Oaths” printed at the space for his/her signature, leaving only the title of “Solicitor.” I had no hesitation therefore, in finding that the document was a statutory declaration made under the Statutory Declarations Act, 1835 of the U.K., and that it must be taken as such for purposes of Uganda.
The relevant provisions of the Statutory Declarations Act, 2000 of Uganda which affect that statutory declaration are the following:
“3. After commencement of this Act no affidavit shall be sworn for any purpose except:
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