In the globalised business and legal environment, authenticating public documents is essential to ensure they are recognised across borders. In Lesotho, this process is governed by the Companies Act, the Authentication of Documents Proclamation, and the country’s membership in the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961).
Understanding how authentication, legalisation, and Apostille certification work in Lesotho is key for businesses, individuals, and legal practitioners dealing with cross-border transactions or litigation.
Key Definitions
Authentication
In Lesotho, authentication refers to the process of confirming:
- The authenticity of a signature on a document.
- The capacity in which the signatory acted.
- Where applicable, the identity of the seal or stamp appearing on the document.
Legalisation
Legalisation is a more formal process carried out by a diplomatic or consular representative of the country where the document will be used. It verifies:
- The authenticity of the signature.
- The official capacity of the signatory.
- The identity of any seal or stamp attached.
Public Documents
Public documents in Lesotho include those signed by a public official and bearing the seal or stamp of a state department or institution. Examples include:
- Court-issued documents.
- Affidavits and sworn declarations.
- Certificates issued by public officers.
Lesotho and the Hague Convention
Lesotho has been a party to the Hague Convention of 5 October 1961 since 1966, which was domesticated through Proclamation 2 of 1964 (Authentication of Documents Proclamation).
The Convention replaced complex multi-stage legalisation procedures with a simplified Apostille Certificate, a single-page document verifying the issuing authority’s seal or signature. This means:
- If the destination country is a Hague Convention member, an Apostille replaces the need for chain legalisation.
- If the country is not a member, traditional legalisation procedures still apply.
Document Authentication in Lesotho: Practical Scenarios
1. Documents Executed in Lesotho for Use in Lesotho
- Affidavits and Declarations signed in Lesotho must comply with Section 5(1) of the Oaths and Declarations Regulations, 1964.
- Other domestic documents generally do not require prior authentication.
2. Documents Executed in Lesotho for Use Abroad
Under Section 9(1) of the Proclamation, requirements depend on the laws of the receiving country:
- For non-Hague countries – Authentication may be required from the Ministry of Foreign Affairs, relevant embassies, or consulates.
- For Hague Convention countries – Section 9(2) allows an Apostille to be issued by authorised officers under Section 8(1) of the Proclamation.
3. Documents Executed Outside Lesotho for Use in Lesotho
- From Hague Convention countries – An Apostille issued in the originating country is sufficient, provided it meets the format in the Proclamation’s Second Schedule.
- From non-Hague countries – Section 11 presumes documents valid unless proven otherwise, but Hague Convention documents are subject to Section 14 requirements.
High Court Rules on Foreign Document Authentication
Rule 193(2) of the High Court Civil Litigation Rules, 2024 provides that foreign documents used in Lesotho courts are sufficiently authenticated if:
- Verified by an official government authority in the country of origin, or;
- Certified by an authorised individual with an accompanying certificate from the relevant foreign authority.
Special Provisions for Powers of Attorney and Affidavits
Section 10 of the Proclamation allows certain powers of attorney and affidavits to be accepted without authentication, unless it is proven they were not signed or sworn by the claimed individual.
Why This Matters
For legal practitioners, companies, and individuals, understanding Lesotho’s authentication rules ensures:
- Faster processing of documents for international use.
- Avoidance of costly delays in cross-border transactions or litigation.
- Compliance with the Hague Convention and local laws.
Conclusion
Lesotho’s membership in the Hague Convention and the Authentication of Documents Proclamation creates a streamlined, internationally recognised system for authenticating both domestic and foreign public documents. Whether through an Apostille or traditional legalisation, the correct process depends on the document type, origin, and destination country.
For businesses and individuals engaging in international dealings, seeking professional legal advice before preparing or sending documents abroad is the safest way to ensure compliance.
Lesotho Document Authentication Quick-Reference Table
| Document Type & Origin | Required Authentication/Legalisation |
| Affidavit/Declaration signed in Lesotho for use in Lesotho | Must comply with Section 5(1) of the Oaths and Declarations Regulations, 1964 |
| Other domestic documents for use in Lesotho | No authentication required |
| Documents executed in Lesotho for use in Hague Convention countries | Apostille issued by authorised officers under Section 8(1) of the Proclamation |
| Documents executed in Lesotho for use in non-Hague countries | Authentication from Ministry of Foreign Affairs, High Commissions, or relevant consulate |
| Public documents from Hague Convention countries for use in Lesotho | Apostille certificate from originating country per Second Schedule of the Proclamation |
| Public documents from non-Hague countries for use in Lesotho | Presumed valid unless proven otherwise (Section 11 of the Proclamation) |
| Foreign documents for Lesotho High Court proceedings | Verified by official government authority of originating country or certified individual with authorisation certificate |
| Certain powers of attorney and affidavits from outside Lesotho | Accepted without authentication unless proven not signed/sworn by stated individual |