Do You Qualify to be a Commissioner for Oaths?

A Semblance of Residual Legal Power

The Commissioners for Oaths (CO) Rules 1993 definitively determine who can be appointed as a CO. Coming into force on April Fool's Day in 1993, it sets the qualifications before one can be appointed to become a CO.

Rule 2 has the following pre-qualifications.

(a) Malaysian citizen
(b)Must have attained 21 years of age but not more than 65 years;
(c)person of good character
(d)fluent in Bahasa Malaysia
(e) physically and mentally fit
(f)not convicted for criminal offences in Malaysia and elsewhere. These include fraud,dishonesty and moral turpitude;and
(g) not adjudicated as a bankrupt

Rule 3  places additional criteria for persons that can be appointed as COs.

Subject to Rule 2,  these will include:

(a) an advocate and a solicitor of the High Court of Malaysia or of the High Court of Borneo who has practised for SEVEN YEARS;


(b) a public officer who is CONFIRMED in his appointment; or

(c) a person who possesses a minimum qualification of SPM or equivalent, and who from his past experience as a public officer or otherwise,is deemed a fit and proper person to be appointed.

There are two provisos. Do take note; for they enable the Lord President to use his discretion to modify the requirement of Rule 2(b) in respect of any applicant and in respect of any person residing in Sabah and Sarawak,to consider his application notwithstanding the provision of Rule 2(d)