Commissioners for Oaths Act (Cap. 1:17)

The Commissioners for Oaths Act (Cap. 1:17) is the legislative framework in Dominica that governs the appointment and duties of individuals authorised to administer oaths and take affidavits. Under the laws of Dominica, a Commissioner for Oaths serves as a vital quasi-judicial officer, ensuring the legal validity of sworn statements used in judicial proceedings and the execution of official documents. This Act provides the Chief Justice of the Eastern Caribbean Supreme Court (ECSC) with the authority to appoint fit and proper persons to this office, thereby facilitating the efficient administration of justice and legal commerce across the state.

Appointment and Qualification

The power to appoint Commissioners for Oaths is vested in the Chief Justice. While the Act allows for a broad range of appointees, the selection process focuses on professional integrity and legal standing.

• Eligibility: Appointments are typically granted to legal practitioners (attorneys-at-law) of good standing, although the Act allows for other fit and proper persons to be commissioned based on the needs of specific districts or administrative requirements.
• The Commission: Once appointed, the individual receives a formal Commission under the seal of the Court. This document serves as their legal authority to act and must be produced upon request.
• Duration: Commissions are generally held at the pleasure of the Chief Justice and may be revoked for professional misconduct or if the individual is no longer deemed suitable for the role.

Duties and Authorities

A Commissioner for Oaths in Dominica is empowered to perform several critical legal functions. These authorities are essential for the authentication of documents that are to be filed in court or used for statutory purposes.

Administration of Oaths

The Commissioner administers the formal oath to a deponent (the person making the statement). This involves ensuring the person understands the gravity of the oath and is swearing to the truth of the contents of a document, typically a Bible or another religious text, or through a secular affirmation.

Taking Affidavits and Affirmations

The Act authorizes Commissioners to take affidavits for any court or matter in Dominica. This includes:

• Statutory Declarations: Sworn statements required by various laws (e.g., business name registrations or land title applications).
• Affidavits of Service: Confirming that legal documents were delivered to a specific party.
• Affirmations: For individuals who object to taking a religious oath, the Commissioner administers a solemn affirmation which carries the same legal weight.

Authentication of Exhibits

When a deponent refers to external documents (exhibits) within an affidavit, the Commissioner must mark and sign these exhibits to verify they are the specific items mentioned in the sworn statement.

Operational Standards and Restrictions

To maintain the integrity of the legal system, the Act and associated judicial rules impose strict limitations on how a Commissioner may operate.

• Conflict of Interest: A Commissioner for Oaths is strictly prohibited from administering an oath or taking an affidavit in any proceeding in which they are a party, or in which they represent any of the parties as an attorney.
• The Jurat: Every document sworn before a Commissioner must contain a Jurat, a concluding statement that specifies the date, the place (e.g., “Roseau, Dominica”), and the Commissioner’s name.
• Geographic Jurisdiction: While appointed for the island of Dominica, their authority is often recognised regionally under the reciprocal arrangements of the ECSC member states.

Enforcement and Penalties

The Act ensures that the office of Commissioner for Oaths is respected and that the power is not abused.

• Unauthorized Practice: Any person who falsely represents themselves as a Commissioner or who continues to act after their Commission has been revoked is liable to criminal prosecution and fines.
• Perjury: Because the Commissioner administers a formal oath, any person who knowingly makes a false statement before them can be charged with perjury under the Perjury Act, which carries significant prison sentences.