Lesotho Citizenship Act 1967

ACT To make provision, to the extent permitted or required by the Constitution, for the acquisition, deprivation and renunciation of citizenship of Lesotho; to specify, in relation to persons, by what date those persons shall have done what is required by the Constitution in relation to dual citizenship, and to make provision for related and connected matters.

ENACTED BY THE PARLIAMENT OF LESOTHO

1. SHORT TITLE AND COMMENCEMENT

This Act may be cited as the Lesotho Citizenship Act 1967 and has effect from the 4th day of October, 1966.

2. INTERPRETATION

(1)In this Act, unless the context otherwise requires-

"citizen by naturalisation" means-

(a)a person who under the provisions of subsection (3) of section 23 of the Constitution became a citizen of Lesotho by virtue of his having been naturalised in Basutoland before the commencement of the 4th day of October, 1966; and

(b)a person who, under subsection (2) of section 13 of this Act, is a citizen of Lesotho by naturalisation by virtue of a certificate of naturalisation issued in respect of him under section 12 of this Act;

"citizen by registration" means-

(a)a person who under the provisions of subsection (3) of section 23 of the Constitution became a citizen of Lesotho by virtue of his having been registered in Basutoland before the commencement of the 4th day of October, 1966; and

(b)a person who, under subsection (2) of section 13 of this Act, is a citizen of Lesotho by registration by virtue of a certificate of registration issued in respect of him under section 12 of this Act;

"Constitution" means the Constitution of Lesotho;

"Minister" means the Minister of the Government of Lesotho for the time being responsible for the administration of this Act;

"minor" means a person who has not attained the age of twenty-one years;

"oath" includes affirmation;

"Oath of allegiance" means the oath of allegiance prescribed in Schedule I of the Constitution;

"prescribed" means prescribed in this Act, or prescribed by the Minister by regulation or otherwise under this Act;

"specified date" in respect of a person means the date specified in relation to that person in Part IV of this Act.

(2)In respect of anything existing before the 4th day of October, 1966 that is affected by, or relevant to, a provision of this Act, a reference to Lesotho Is construed as a reference to Basutoland.

(3)For the purposes of this Act, a person is deemed not to have attained a given age until the commencement of the relevant anniversary of the day of his birth.

(4)References in this Act to any country mentioned in subsection (3) of section 4 of this Act include references to the dependencies of that country.

(5)For the purposes of this Act, a person born aboard a registered ship or aircraft, or aboard an unregistered ship or aircraft of the government of any country, is deemed to have been born in the place in which the ship or aircraft was registered or, as the case may be, in that country.

(6)If after the commencement of this Act a new-born infant is found abandoned within Lesotho that infant is, unless the contrary be shown, deemed to have been born within Lesotho of parents possessing citizenship of Lesotho.

(7)If an oath of allegiance is required to be taken under this Act, a person may, instead of taking the oath, make a solemn affirmation in the form of the oath so required, but may substitute the words "solemnly affirm" for the word "swear" and may omit the words "so help me God"; and that solemn affirmation has, for the purposes of this Act, the same effect as an oath of allegiance.

(8)

(a)A reference in this Act to the national status of the father of a person at the time of that person's birth is, in relation to a person born after the death of his father, construed as a reference to the national status of the father at the time of the father's death.

(b)If the death referred to in paragraph (a) occurred before the 4th day of October, 1966, and the birth occurred after the 3rd day of October, 1966, the national status that the father would have had, if he had died on the 4th day of October, 1966, is deemed to be his national status at the time of his death.

(9)A reference in this Act to the birth of a person is construed as including both legitimate and illegitimate birth, and the expressions "father" and 'parent" are construed accordingly.

PART I APPLICATIONS FOR CITIZENSHIP

3. APPLICATION OF PART I

The provisions of sections 4, 5, 6 and 7 apply in relation 'to applications for citizenship of Lesotho by persons who are not eligible or who are no longer eligible to become citizens of Lesotho under the provisions of the Constitution relating to citizenship of Lesotho.

4. APPLICATIONS FOR REGISTRATION OF PERSONS FROM COMMONWEALTH AND REC IPROCATING COUNTRIES, AS CITIZENS OF LESOTHO

(1)Application may be made to the Minister as in the form set out in the First Schedule for registration as a citizen of Lesotho by a person-

(a)to whom this section applies under subsection (3); and

(b)who has attained the age of twenty-one years; and

(c)who is not suffering from mental incapacity; and

(d)who is lawfully sojourning in Lesotho and has lawfully sojourned there for a period of five years commencing on or after the 4th day of October, 1966; or on or after such earlier date as the Minister may order (and the Minister is hereby empowered so to order); and

(e)who has adequate knowledge of the Sotho language or of the English language; and

(f)who is of good character; and

(g)who is willing to take the oath of allegiance; and

(h)who is willing to renounce any other nationality or citizenship that he may have; and

(i)who intends, if his application is granted, to reside permanently in Lesotho, or to establish his domicile of choice in Lesotho, subject to necessary absences from Lesotho in the course of his employment or self-employment.

(2)If a person by whom an application has been made in pursuance of the provisions of the preceding subsection satisfies the Minister that he is qualified under that subsection so to apply, the Minister may, if in his opinion that person would, if registered, be a suitable citizen of Lesotho, order that that person be registered as a citizen of Lesotho, or otherwise the Minister may, order that that person be not registered as a citizen of Lesotho.

(3)A person to whom this section applies is a person who, at the material time-

(a)is a Commonwealth citizen under the provisions of section 29 of the Constitution; or

(b)is a citizen of a country in respect of which there is in force a Notice under this subsection extending the application of this section to citizens of that country.

The Minister may, by notice In the Gazette, make, amend and revoke a Notice for the purposes of paragraph (b) of this subsection, extending the application of this section to citizens of that country, in this Act called a reciprocating country, if he is satisfied that under the law of that country similar provisions exist in relation to citizens of Lesotho.

5. APPLICATION FOR REGISTRATION OF STATELESS PERSONS AS CITIZENS OF LESOTHO

(1)Application may be made to the Minister as in the form set out in the Second Schedule, for registration as a citizen of Lesotho by a person-

(a)who has attained the age of eighteen years and who is stateless; and

(b)who is lawfully sojourning in Lesotho and has since the 4th day of October, 1966, or since such earlier date as the Minster may order (and the Minister is hereby empowered so to order), been lawfully sojourning there for a period of three immediately preceding the application; and

(c)who has neither been convicted of an offence against the security of Lesotho nor been sentenced in any country to imprisonment for a term of five years or more in respect of a criminal offence that would, if it had been committed in Lesotho have been likewise punishable; and

(d)who is willing to take the oath of allegiance; and

(e)who intends, if his application is granted, to reside permanently in Lesotho, or to establish his domicile of choice in Lesotho, subject to necessary absences from Lesotho in the course of his employment or self-employment.

(2)This section shall apply to persons born before persons born after the commencement of this Act.

(3)Notwithstanding anything to the contrary in any other law, a person who has attained the age of eighteen years may make application under this section and for that purpose does not require the aid or consent of a parent or guardian.

(4)If a person by whom an application has been made in pursuance of the provisions of subsection (1) satisfies the Minister that he was born in Lesotho or that at the time of his birth one of his parents was a citizen of Lesotho, and that he is qualified under subsections (1), (2) and (3) so to apply, the Minister shall order that that person be registered as a citizen of Lesotho.

(5)If a person by whom an application has been made in pursuance of the provisions of subsection (1) satisfies the Minister that he is qualified under subsection (1), (2) and (3) so to apply, but does not satisfy the Minister that he was born in Lesotho and that he has always been stateless, the Minister may, if in his opinion that person would, if registered, be a suitable citizen of Lesotho, order that that person be registered as a citizen of Lesotho, or otherwise the Minister may order that that person be not registered as a citizen of Lesotho.

6. APPLICATIONS FOR REGISTRATION OF MINOR CHILDREN OF CITIZENS OF LESOTHO

(1)Application may be made to the Minister in the form set out in the Third Schedule, by the parent or guardian of a minor child (including a minor child who has been lawfully adopted) for the registration of that child as a citizen of Lesotho, if that child-

(a)is the child (or lawfully adopted child) of a citizen of Lesotho; and

(b)is not already a citizen of Lesotho by virtue of a provision of the Constitution or of this Act; and

(c)is lawfully sojourning in Lesotho and has lawfully sojourned there for a period of five years commencing on or after the 4th day of October, 1966, or on or after such earlier date as the Minister may order, (and the Minister is hereby empowered so to order); and

(d)is of good character.

(2)If a person by whom an application has been made in pursuance of the provisions of the preceding subsection satisfies the Minister that the child to whom the application relates is qualified under that subsection in respect of that application, the Minister may, if in his opinion the child would, if registered, be or become a suitable citizen of Lesotho, order that that child be registered as a citizen of Lesotho, or otherwise the Minister may order that the child be not registered as a citizen of Lesotho.

7. APPLICATION FOR NATURALISATION OF CERTAIN PERSONS AS CITIZENS OF LESOTHO

(1)Application may be made to the Minister as in the form set out in the Fourth Schedule, for a certificate of naturalisation as a citizen of Lesotho by a person-

(a)to whom the provisions of section four and section five do not apply; and

(b)who has attained the age of twenty-one years; and

(c)who is not suffering from mental incapacity; and

(d)who is lawfully sojourning in Lesotho and has lawfully sojourned there for a period of five years commencing on or after the 4th day of October, 1966, or on or after such earlier date as the Minister may order (and the Minister is hereby empowered so to order); and

(e)who has an adequate knowledge of the Sotho language or of the English language; and

(f)who is of good character; and

(g)who is financially solvent; and

(h)who is willing to take the oath of allegiance; and

(i)who is willing to renounce any other nationality or citizenship that he may have; and

(j)who intends, if his application is granted, to reside permanently in Lesotho, or to establish his domicile of choice in Lesotho, subject to necessary absences from Lesotho in the course of his employment or self-employment.

(2)If a person by whom an application has been made in pursuance of the provisions of the preceding subsection satisfies the Minister that he is qualified under that subsection so to apply, the Minister may, if in his opinion that person would, if granted a certificate of naturalisation, be a suitable citizen of Lesotho, order that that person be granted a certificate of naturalisation as a citizen of Lesotho, or otherwise the Minister may, order that that person be not granted a certificate of naturalisation as a citizen of Lesotho.

8. APPLICATIONS FOR REGISTRATION BY PERSONS ENTITLED TO REGISTRATION UNDER CONSTITUTION

Application may be made to the Minister as in the form set out in the Fifth Schedule for registration as a citizen of Lesotho by a person who is entitled to be registered as such by virtue of the provisions of section 24 or section 27 of the Constitution.

PART II OATH OF ALLEGIANCE

9. TIME, PLACE AND 'MANNER OF TAKING OATH OF ALLEGIANCE

If a person-

(a)is required by a provision of Chapter III of the Constitution to take the oath of allegiance in relation to citizenship of Lesotho; or

(b)has made application to be registered as a citizen of Lesotho in pursuance of the provisions of section four or section five of this act, and the Minister has, subject to the provisions of section fourteen ordered that that person be registered as a citizen of Lesotho; or

(c)has made application for a certificate of naturalisation as a citizen of Lesotho in pursuance of the provisions of section 7 of this Act, and the Minister has, subject to the provisions of section 14 ordered that that person be granted a certificate of naturalisatlon as a citizen of Lesotho;

the oath of allegiance to be taken by that person in pursuance of the provisions of the Constitution or of this Act shall be as in the form of the oath of allegiance prescribed, in Schedule I to the Constitution, and shall be administered to him-

(i)in the presence of the Minister by a person entitled or appointed to administer oaths in Lesotho, at a time and place to be notified by the Minister; or

(ii)in the case of a person who is absent from Lesotho, before a person authorised by the Minister in that behalf.

10. RECORD OF OATH OF ALLEGIANCE

The form of oath of allegiance shall be included in every prescribed form of application for and when subscribed, attested and taken according to the provisions of the preceding section, is part of the application.

PART III REGISTERS, AND EFFECT OF REGISTRATION OR NATURALISATION

11. DUTY TO LODGE AND REGISTER APPLICATION

The Minister shall cause to be lodged with the Registrar-General every application in respect of which the Minister's order has been made that a certificate of registration or naturalisation as a citizen of Lesotho shall be granted, and subject to payment to him by a person by whom application has been made, of the fees prescribed, the Registrar-General shall register in a manner consistent with the provisions, principles and purposes of this Act, every such application for citizenship by registration; and shall register in like manner every such application for citizenship by naturalisation, lodged with him in pursuance of the provisions of the preceding subsection.

12. ISSUE OF CERTIFICATES OF REGISTRATION AND NATURALISATION

(1)Subject to the provisions of subsection (2) and to payment to him, by a person by whom application was made, of the fees prescribed the Registrar-General shall issue in respect of every person whose application has been registered in pursuance of the provisions of the preceding section, according to the order of the Minister, a certificate of registration as a citizen of Lesotho as in the form prescribed in the Sixth Schedule and signed by the Minister, or a certificate of naturalisation as a citizen of Lesotho as in the form prescribed in the Seventh Schedule and signed by the Minister, and, shall advise that person of the fact and date of issue of the certificate.

(2)Every certificate issued by the Registrar-General under this section shall bear the date upon which the corresponding application was registered in pursuance of the provisions of the proceeding section, and shall be signed and sealed by the Minister, but shall not be delivered to the person in respect of whom it was issued until he has complied with such provision of the Constitution and this Act, as may apply to him in respect of renouncing of another citizenship, declaring his intentions as to residence, and taking the oath of allegiance.

13. EFFECT OF ISSUE OF CERTIFICATE

(1)A person in respect of whom a certificate of registration as a citizen of Lesotho Is issued in pursuance of the provisions of the preceding section is, subject to the provisions of section 14 and Part V, a citizen of Lesotho by registration from the date of the certificate of registration issued in respect of him under that section.

(2)A person in respect of whom a certificate of naturalisation as a citizen of Lesotho is issued in pursuance of the provisions of the preceding section is, subject to the provisions of Section 14 and Part V, a citizen of Lesotho by naturalisatlon from the date of the certificate of registration issued in respect of him under that section.

14. DUTY OF CITIZENS BY REGISTRATION 0R NATURALISATION TO RENOUNCE OTHER CITIZENSHIP

(1)If a certificate of registration or naturalisation as a citizen of Lesotho has been issued, and if the person to whom that certificate relates is immediately after the day upon which he becomes a citizen of Lesotho also a citizen of some other country, that person shall before the specified date-

(a)make a declaration as in the form prescribed in the Eighth Schedule that he has renounced the citizenship of that other country and satisfy the Registrar-General that he has done so; or

(b)If, under the law of that country, that person cannot renounce his citizenship of that country, make a declaration concerning that citizenship as in the form prescribed in the Eighth Schedule and lodge that declaration with the Registrar-General

(2)If a person is required by the provisions of the previous subsection to satisfy the Registrar-General that he has renounced the citizenship of a country other than Lesotho, or make and lodge a declaration concerning that citizenship, and that person fails or refuses so to satisfy the Registrar-General, or so to make and lodge a declaration, before the specified date, the registration, or the naturlisation, as the case may be, of that person as a citizen of Lesotho is of no force or effect, the registration of his application shall be cancelled, a certificate issued in respect of him of registration or naturalisation as a citizen of Lesotho is void, and he is deemed never to have been so registered or naturalised and never to have been a citizen of Lesotho by registration or naturalisation as the case may be.

PART IV SPECIFICATIONS AS TO DATES FOR COMPLETION OF RENUNCIATION, OATH OF ALLEGIANCE, AND DECLARATION CONCERNING RESIDENCE

15. SPECIFICATIONS AS TO DATE FOR PURPOSES OF SECTION 28 OF CONSTITUTION AND SECTION 14(2) OF THIS ACT

(1)For the purposes of section 28 of the Constitution, the specified date, subject to the provisions of section 16-

(a)in respect of a person to whom subsection (1) of section 28 of the Constitution refers, is the date upon which that person attains the age of twenty-six years;

(b)in respect of a person to whom subsection (2) of section 28 of the Constitution refers, is the 3rd day of October, 1971;

(c)in respect of a person to whom paragraph (b) of subsection (3) of section 28 of the Constitution refers, is the fifth anniversary of the date upon which he acquired the citizenship of the other country to which that paragraph refers;

(d)in respect of a person to whom subsection (4) of section 28 of the Constitution refers, is the fifth anniversary of the date upon which that person became a citizen of Lesotho.

(2)The specified date, subject to the provisions of section 16 in respect of a person to whom subsection (2) of section 14 of this Act applies, is a date three months after the date of the certificate of registration or naturalisation, as the case may be.

16. EXTENSION OF SPECIFIED DATE

(1)If a person to whom section 15 applies is or has been suffering from mental incapacity during any period from the date when he became a citizen of Lesotho to the specified date, the Minister may order that the specified date in respect of that person is a later date that will, in the opinion of the Minister, enable that person, when he is no longer suffering from mental incapacity, to comply with a requirement of Chapter III of the Constitution, and of this Act.

(2)If a person to whom section 15 applies, is because of circumstances that he can or could not prevent or avoid, unable to comply by the specified date with a requirement of Chapter III of the Constitution, and of this Act, the Minister may by order determine that the specified date in respect of that person is a later date that will enable that person to comply with those requirements.

(3)The power of the Minister under this section may be exercised before or after the specified date determined in the preceding section.

(4)A reference in the preceding section to the specified date is, for the purposes of Chapter III of the Constitution, and of this Act, construed in relation to the person to whom it applies, as a reference to a later date determined under this section.

PART V RENUNCIATION AND DEPRIVATION OF CITIZENSHIP

17. RENUNCIATION BY REASON OF DUAL CITIZEZHIP

(1)If a person satisfies the Minister that he-

(a)is a citizen of Lesotho; and

(b)is or will become a citizen of some country other than Lesotho; and

(c)has attained the age of twenty-one years or is, or has been, married; and

(d)is not suffering from mental incapacity;

and If he has made a declaration, as in the form prescribed in the Ninth Schedule, renouncing his citizenship of Lesotho and has lodged that declaration with the Minister, the Minister may, subject to the other provisions of this section, cause that declaration to be registered by the Registrar-General, and unless otherwise provided by or under subsection (3) or subsection (4), that person ceases to be a citizen of Lesotho upon registration of that declaration by the Registrar-General

(2)If a person has made a declaration renouncing citizenship of Lesotho and has consequently ceased to be a citizen of Lesotho under this section, neither the renunciation nor the consequent loss of citizenship of Lesotho shall affect the liability of that person for any offence committed by him before that renunciation or loss of citizenship of Lesotho.

(3)If a person who has made a declaration of renunciation in accordance with the provisions of this section does not become a citizen of any other country as aforesaid within three months or within such further period as the Minister or the Registrar-General may allow, from the date or, which he made that declaration of renunciation, he is deemed to be, and to have remained, a citizen of Lesotho notwithstanding that he has made that declaration of renunciation.

(4)The Minister may refuse to cause the registration of a declaration of renunciation of citizenship of Lesotho-

(a)If in his opinion it is not condusive to the public good that the person who has made the declaration should cease to be a citizen of Lesotho; or

(b)If it is made during a war in which Lesotho may be engaged.

18. DEPRIVATION OF CITIZENSHIP

(1)A person who is-

(a)a citizen of Lesotho by registration; or

(b)a citizen of Lesotho by naturalisation, ceases to be a citizen of Lesotho if he is deprived of that citizenship by order of the Minister made under this section.

(2)Subject to the provisions of the Constitution and of this section, the Minister may by order deprive such a person as is mentioned in the preceding subsection of his citizenship of Lesotho if he is satisfied that the certificate of registration or certificate of naturalisation was obtained by fraud, false representation or the concealment of a material fact.

(3)Subject to the provisions of the Constitution and of this section the Minister may by order deprive such a person as is mentioned in subsection (1) of his citizenship of Lesotho if the Minister is satisfied that that person, while a citizen of Lesotho and of full age and capacity-

(a)has shown himself by act or speech to be disloyal or disaffected towards Lesotho; or

(b)has, within five years after becoming naturalised been sentenced in any country after a fair hearing by an independent and impartial court established by law, to imprisonment for a period of not less than five years in respect of a criminal offence that would, if it had been committed in Lesotho, have been likewise punishable; or

(c)has been ordinarily resident in countries other than those to which section 4 of this Act applies for a continuous period of seven years and during that period has not registered his intention to retain his citizenship of Lesotho, each year at the prescribed place and time and in the prescribed manner; or

(d)has voluntarily claimed and exercised in any other country, any right available to him under the law of that country, being a right accorded exclusively to its own citizens.

(4)The Minister shall not deprive a person of citizenship of Lesotho under this section unless he is satisfied that it is not conducive to the public good that that person should continue to be a citizen of Lesotho.

(5)Before making an order under this section, the Minister shall give the person against whom the order is proposed to be made notice in writing informing him of the ground on which and the date on which it is proposed to make that order, and of his right to an enquiry under this section; and, if that person applies for an enquiry before that date, the Minister shall refer the case to a committee of enquiry consisting of a chairman, being a person possessing judicial experience, appointed by the Chief Justice and of such other members appointed by the Minister as he thinks proper.

(6)If a person is deprived of his citizenship of Lesotho under this section, that deprivation shall not affect the liability of that person for any offence committed by him before that deprivation.

PART IVGENERAL

19. CERTIFICATE OF CITIZENSHIP IN CASES OF DOUBT

If the Minister is satisfied on the application of a person that, on a question of fact or of law, a doubt exists whether that person in a citizen of Lesotho, and if the Minister to satisfied that that person ought to be acknowledged as a citizen of Lesotho, the Minister may order that a certificate be issued acknowledging him as such, or otherwise the Minister may decline so to order. If the Minister orders that that person be so acknowledged as a citizen of Lesotho, the Registrar-General shall cause a certificate to that effect to be issued to that person, and a certificate issued under this section is, unless it is proved that that person is not a citizen on the date thereof, or that it was obtained by means of fraud, false representation or concealment of a material fact, conclusive evidence that that person was such a citizen on the date thereof but without prejudice to evidence that he was such a citizen at an earlier date.

20. RESTORATION OF CITIZENSHIP

(1)Subject to the provisions of subsection (2), the Minister may, if he is satisfied that it is desirable on taking into account all the circumstances of a case, provisionally restore citizenship of Lesotho to a person who has lost that citizenship whether voluntarily by a declaration of renunciation of citizenship-under the provisions of section 17 or involuntarily by reason of the provisions of section 28 of the Constitution.

(2)If a person to whom citizenship of Lesotho has been provisionally restored under the preceding subsection produces to the Registrar-General within three months or within such further period as the Minister or the Registrar-General may allow, evidence to the satisfaction of the Registrar-General

(a)that he has renounced any other nationality or citizenship that he may have possessed; and

(b)taken the oath of allegiance, the provisional restoration of citizenship of Lesotho to that person shall become final, or otherwise shall lapse and cease to have any effect. The provisions of this subsection shall apply notwithstanding that such person may at some previous time already have taken the oath of allegiance or made a declaration of renunciation of other citizenship.

21. DISCRETION OF MINISTER

Save as is otherwise provided in section 20 of the Constitution, the Minister shall not be required to assign any reason for a decision by him under this Act, and a decision of the Minister under this Act shall not be subject to appeal or to review in any court.

22. MANNER OF MAKING APPLICATIONS

(1)Every application under section 24 or section 27 of the Constitution or under this Act shall be made to the Minister.

(2)Every application to the Minister under section 24 or section 27 of the Constitution or under this Act-

(a)shall be accompanied by the prescribed fee (if any);

(b)if the form of an application is prescribed under this Act, shall be made as in that form with such variations as the circumstances require and the Minister accepts;

(c)shall be supported by such evidence of the statements made therein as may be prescribed under this Act or in regulations made under this Act, or in prescribed forms, or as the Minister may require; and

(d)shall be verified by an affidavit made before a magistrate or a commissioner of oaths.

23. DECLARATION OF INTENTION CONCERNING RESIDENCE

If under Chapter III of the Constitution, or under a provision of this Act, a person is required to make a declaration of his intentions concerning residence, he shall make a declaration as in the form specified in the Tenth Schedule.

24. EVIDENCE

(1)Every document purporting to be a notice certificate, order or declaration or an entry in a register or subscription of an oath of allegiance or declaration of renunciation, given, granted, or made under the provisions of Chapter III of the Constitution or under this Act, is received in evidence and unless the contrary is proved, is deemed to have been given, granted or made by or on behalf of the person by whom or on whose behalf it purports to have been given, granted or made.

(2)Prima facie evidence of a document of the kind mentioned in subsection (1) of this section may be given by production of a document purporting to be certified as a true copy thereof by such person and in such manner as may be prescribed.

(3)An entry in a register made under the provisions of Chapter III of the Constitution or of this Act is evidence of the matters stated in the entry.

25. OFFENCES

(1)A person who, for the purpose of procuring anything to be done or not to be done under the provisions of Chapter III of the Constitution or of this Act, makes a statement that he knows or believes to be false in a material respect or does not know or believe to be true in that respect, is guilty of an offence and liable on conviction to a fine not exceeding two hundred rands or to Imprisonment for a period not exceeding six months or to both such fine and imprisonment.

(2)A person who fails to comply with a requirement imposed on him by or under this Act or by or under regulations made under this Act with respect to the delivering up of a certificate of naturalisation or a certificate of registration is guilty of an offence and liable on conviction to a fine not exceeding two hundred rands or to imprisonment for a period not exceeding six months or to both such line and imprisonment.

26. REGULATIONS

(1)The Minister may make regulations, which shall be published in the Gazette-

(a)for prescribing anything that is to be prescribed under this Act;

(b)for registering anything required or authorised under Chapter III of the Constitution or under this Act to be registered;

(c)for giving notice required or authorised to be given to a person under this Act;

(d)for cancelling the registration of, and cancelling and amending certificates of naturalisation relating to persons deprived of citizenship under this Act, and for requiring such certificates of registration to be delivered up for those purposes;

(e)for registering the births and deaths of persons of any class or description born or dying elsewhere than in Lesotho, and otherwise for registration at Lesotho consulates;

(f)for enabling the births and deaths of citizens of Lesotho born or dying in any country in which the Government of Lesotho has for the time being no diplomatic or consular representative to be registered by persons serving in the diplomatic, consular or other foreign service of a country which, by arrangement with the Government of Lesotho, has undertaken to represent that Government's interests in that country, or by a person authorised in that behalf by the Minister and for the registration thereby of citizens of Lesotho ordinarily resident outside Lesotho;

(g)for matters incidental to and connected with the matters mentioned in the preceding paragraphs of this subsection.

(2)The Minister may make regulations which shall be published In the Gazette prescribing forms in addition to or in place of those prescribed in the Schedules to this Act, in respect of an application made to the Minister or in respect of a registration, or the making of a declaration or the grant of a certificate, or the taking of an oath of allegiance, authorised to be made, granted or taken under Chapter III of the Constitution or under this Act. References in this Act to a form prescribed in any Schedule to this Act shall be construed as references to that form as replaced under this section.

27. FEES

The fees specified in the Table of Fees in the Eleventh Schedule shall be taken and applied in respect of the matters specified in that Table: Provided that the Minister may in his discretion order that a fee be refunded if the matter to which It relates can not be considered.

FIRST SCHEDULE
APPLICATION BY A COMMONWEALTH CITIZEN OR A CITIZEN OF A PROCLAIMED COUNTRY FOR REGISTRATION AS A CITIZEN OF LESOTHO

PART I-APPLICATION

PART II- PARTICULARS RELATING TO APPLICATION

PART III CERTIFICATES OF SPONSORS

(NOTE-The sponsor in the case of paragraph 17 must be an Administrative Official, Justice of the Peace, Magistrate, Member of Parliament, Minister of Religion, Physician or Surgeon).

(NOTE-The sponsor in the case of paragraph 18 need not be in a class mentioned in the note to paragraph 17).

PART IV DECLARATION BY APPLICANT

Full names in block capitals

SECOND SCHEDULE
 APPLICATION BY A STATELESS PERSON FOR REGISTRATION AS A CITIZEN OF LESOTHO

PART I-APPLICATION

1.Application by parent or guardian of minor child-

(*Delete whichever is inapplicable)

PART II-PARTICULARS RELATING TO APPLICATION

PART III-CERTIFICATES OF SPONSORS

(NOTE The sponsor in the case of paragraph 15 must be an Administrative Officer, Legal Practitioner, Bank Official, Justice of the peace, Magistrate, Member of Parliament, Minister of Religion, Physician or Surgeon.)

(NOTEThe sponsor in the case of paragraph 16 need not be in a class mentioned in the note to paragraph 15).

PART IV-DECLARATION BY APPLICANT

THIRD SCHEDULE
APPLICATION OF A MINOR CHILD OF A LESOTHO CITIZEN FOR REGISTRATION AS A CITIZEN OF LESOTHO

PART I-APPLICATION

1.Application by parent or guardian of minor child-

(*Delete whichever is inapplicable)

PART IIPARTICULARS RELATING TO-APPLICATION

15.       Evidence of good character of child:....................…………………………………………

16.       Particulars of any criminal proceedings taken against the child in any country, and the result…………………………………………………………………………………………………

PART III-CERTIFICATES OF SPONSORS

(NOTE-The sponsor in the case of paragraph 17 must be an Administrative Officer, Legal practitioner, Bank Official, Justice of the Peace, Magistrate, Member of Parliament, Minister of Religion, Physician or Surgeon.)

(NOTE-The sponsor in the case of paragraph 18 need not be in a class mentioned in the note to paragraph 17.)

PART 1V-DECLARATION BY PARENT OR GUARDIAN

(*Delete whichever is inapplicable)

FOURTH SCHEDULE
APPLICATION FOR NATURALISATION AS A CITIZEN OF LESOTHO

PART 1-APPLICATION

(*Delete whichever is inapplicable)

PART II-PARTICULARS RELATING TO APPLICATION

20.       Names of any minor children whom you desire to be registered as citizens of Lesotho in the event that this application is approved.......................

21.       Details of previous sojourn in Lesotho by applicant:

22.       Evidence of previous sojourn in Lesotho..............

23.       Languages known…..

24.       Bank or other institution which can vouch for applicant's financial solvency....................................

25.       Particulars of any criminal proceedings taken against the applicant at any time in any country, and of the result

PART III-CERTIFICATE OF SPONSORS

Dated at………………………………………………….this………...........day of……............19

27.       I, …………………………………………………… Full names and address in block capitals of………………………………………………………………………………………………………….being a citizen of Lesotho, otherwise than by naturalisation or registration hereby certify that the applicant herein is a person known to me and of good character, that in my opinion he would be a suitable citizen of Lesotho and that the particulars in this application are correct in all respects to the best of my knowledge and belief. I am not the legal adviser of the applicant. I have known the applicant for……………............months/years*.

Dated at……………………………………………….this………….....day of…..................19………

(NOTE-The sponsors in the case of paragraphs 26 and 27 must be an Administrative Officer, Legal Practitioner, Bank Official, Justice of the Peace, Magistrate, Member of Parliament, Minister of Religion, Physician or Surgeon.)

28.       I,……………………………………………………. Full names and address in block capitals of................................………………………………………………………………………………….being a citizen of Lesotho, otherwise than by naturalisation or registration hereby certify that the applicant herein is a person known to me and of good character, that in my opinion he would be a suitable citizen of Lesotho and that the particulars in this application are correct in all respects to the best of my knowledge and belief. I am not the legal adviser of the applicant. I have known the applicant for…………………………...months/years*

Dated at……………………………………………this…………….........day of……..............19………

29.       I, ……………………………………………………. Full names and address in block capitals of…………………………………………………………………………………………………………. being a citizen of Lesotho, otherwise than by naturalisation or registration, hereby certify that the applicant herein is a person known to me and of good character, and that in my opinion he would be a suitable citizen of Lesotho and that the particulars in this application are correct in all respects to the best of my knowledge and belief. I am not the legal adviser of the applicant. I have known the applicant for..............……………………….months/years*

Dated at………………………………………………………...this……….....day of…….............19…..

(NOTE-The sponsors in the case of paragraphs 28 and 29 need not be in a class mentioned in the note to paragraphs 26 and 27.)

PART IV-DECLABATION BY APPLICANT

FIFTH SCHEDULE
APPLICATION BY A MARRIED WOMAN FOR REGISTRATION AS A CITIZEN OF LESOTHO

PART I-APPLICATION

(*Delete whichever is inapplicable)

PART II-PARTICULARS RELATING TO APPLICATION

PART III-CERTIFICATES OF SPONSORS

(NOTE-The sponsor in the case of paragraph 19 must be an Administrative Officer, Legal Practitioner, Bank Official, Justice of the Peace, Magistrate, Member of Parliament, Minister of Religion, Physician or Surgeon).

(NOTE-The Sponsor in the case of paragraph 20 need not be in a class mentioned in the note to paragraph 19).

PART IV-DECLARATION BY APPLICANT

21.I,…………………………………………………………………………………………………… do solemnly and sincerely declare-

(a)that to the best of my knowledge and belief the particulars stated in this application are true and correct in all respects; and

(b)that I shall inform the Minister immediately if, before the registration herein applied for is granted, any particular given herein requires amendment; and

(c)that I shall before the date specified in Part IV of the Act-

(i)take the Oath of Allegiance to Lesotho; and

(ii)renounce any other nationality or citizenship I may possess; and

(iii)to register a declaration that I intend to reside permanently in Lesotho, or otherwise I shall then cease to be a citizen of Lesotho.

Before me,

SIXTH SCHEDULE
CERTIFICATE OF REGISTRATION AS A CITIZEN OF LESOTHO

Certificate No:.....................

WHEREAS………………of………………………….has applied to the Minister of……………..under section……………of the………………….to be registered as a citizen of Lesotho, and has satisfied the Minister that the necessary conditions for registration thereunder have been fulfilled:

NOW, TFEREFORE I.................................the Minister of..........................in exercise of the powers conferred upon me thereby, hereby grant to the said person this certificate of registration as a citizen of Lesotho and declare that, subject to the provisions of the Constitution and of the Lesotho Citizenship," Act 1967, he/she shall be a citizen of Lesotho with effect from the date of this Certificate.

IN WITNESS whereof I have hereunto set my hand this………………day of………..19……….at………..

………….Minister

SEVENTH SCHEOULE
CERTIFICATE OF NATURALISATION AS A CITIZEN OF LESOTHO

Certificate No:....................

WHEREAS...................of.......................has applied to the Minister of......................... under section 7 of the Lesotho Citizenship Act 1967 for a certificate of naturalisation as a citizen of Lesotho, and has satisfied the Minister that the necessary conditions for naturalisation under that Act have been fulfilled:

NOW, THEREFORE I................................. the Minister of........................................ in exercise of the powers conferred upon me by the said Act, hereby grant to the said person this certificate of naturalisation as a citizen of Lesotho and declare that subject to the provisions of the Constitution and of the Lesotho Citizenship Act 1967, he/she shall be a citizen of Lesotho with effect from the date of this certificate

IN WITNESS whereof I have hereunto set my hand this…………day of………………19………….at………….. …………………

….Minister

EIGHTH SCHEDULE
DECLARATION CONCERNING OTHER CITIZENSHIP

I,…………………….do solemnly and sincerely declare-

(i)that a certificate of registration/naturalisation* has been issued in respect of my application for citizenship of Lesotho; and

(ii)that I have renounced the citizenship of.……………….and submit evidence in that behalf as follows………../* that under the law of………………….I can not renounce my citizenship of that country, and therefore by this declaration I hereby renounce so far as it otherwise lies within my power, my citizenship of that country and any claim I may have to the protection of that country.*

……………………Signature of Declarant

Declared at………….this…………day of……………19……………..

* Delete whichever is inapplicable

NINTH SCHEDULE
RENUNCIATION OF CITIZENSHIP OF LESOTHO

TENTH SCHEDULE
DECLARATION CONCERNING RESIDENCE IN LESOTHO

ELEVENTH SCHEDULE
TABLE OF FEES

Matter in which fees may be taken

SECRETARY OF STATE – SECRETARIAT D'ETAT

Multilingual Translation Directorate – Direction de la traduction multilingual Translation Bureau – Bureau de la traduction

[1]* Delete whichever is inapplicable