STATUTORY DECLARATIONS ACT - 1971 (ACT 389)

• Section - 1 - Restriction On Use Of Affidavits.

  • After the commencement of this Act, no affidavit shall be sworn for any purpose, except-
    
    (a) where it relates to any proceeding, application or other matter commenced in any court or referable thereto; or
    
    (b) where under the provisions of any enactment an affidavit is authorised to be sworn.

• Section - 2 - Use Of Statutory Declarations.

  • In every case to which section 1 does not apply, a person wishing to depose to any fact for any purpose may do so by means of a statutory declaration:
    
    Provided that where any person has sworn to an affidavit for any purpose other than a purpose referred to in section 1, such affidavit shall nevertheless be deemed for all purposes to be a statutory declaration.

• Section - 3 - Form Of Statutory Declaration.

  • A statutory declaration shall be made in the following form:-
    
    "I, ............................................................................................................................................................................,
    
    (full names and address)
    
    solemnly and sincerely declare that ...........................................................................................................................
    
    ................................................................................................................................................
    
    and I make this solemn declaration conscientiously believing it to be true, in accordance with the Statutory Declarations Act, 1971."

• Section - 4 - Procedure For Making Statutory Declaration.

  • Every magistrate, notary public, commissioner for oaths and any other person authorised by law to administer an oath may take and receive the statutory declaration of any person voluntarily making it before him, and shall certify it under his signature.

• Section - 5 - Offence.

  • Any person who makes a statutory declaration which he knows to be false in a material particular, or who makes a declaration false in a material particular, reckless whether it be true or not, shall be guilty of a misdemeanour.

• Section - 6 - Fees.

  • The fees payable on the taking of an affidavit shall likewise be payable on the making of a statutory declaration.

• Section - 7 - Repeals.

  • (1) The Statutory Declarations Act, 1835 (5 & 6 Will. IV, c. 62) shall cease to apply in Ghana, and accordingly the reference to that Act in the First Schedule to the Courts Act, 1971 is hereby repealed.
    
    (2) Section 11 (2) of the Oaths Act, 1960 (C.A. 12) is hereby repealed.