Legal Services - MOJ
ISSUING OF APOSTILLES BY THE MINISTRY OF JUSTICE
Apostilles are issued in terms of the Hague Convention of 5 October 1961 Abolishing the Requirements of Legalization for Foreign Public Documents. Namibia acceded to this Convention on January 30, 2001. As a result of Namibia being a State party to this Convention, the Executive Director of the Ministry of Justice and the Registrar of the High Court have been designated to issue Apostilles on behalf of the Republic of Namibia.
In the event of a public document to be used in a State which is not a State party to the Convention, then the legalization method to authenticate the origin of the document is done at Ministry of International Relations and Cooperation.
What is an Apostille and why do people need it?
An Apostille is a certificate that authenticates the origin of the document. This needs to be done on all Public documents issued by a Government Office or other public institutions bearing the coat of arms/seal of the Republic of Namibia or another State which is a party to the Convention. Before a public document can be used in another country the origin thereof must be authenticated.
What is a public document in terms of the Convention?
- Documents emanating from an authority or an official connected with the courts or tribunals of the State; including those emanating from a public prosecutor, a clerk of court or a process-server;
- Administrative documents;
- Notarial Acts;
- Official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of document
- or the fact that it was in existence on a certain date and official and notarial authentications of signatures.
Where applications may be made for Apostilles?
Applications for apostilles may be made to the Directorate: Legal Services in the Ministry of Justice and the Registrar of the High and Supreme Court of Namibia.
Procedure to be followed in applying for apostilles at the Directorate Legal Services
- Apostilles processed by the Directorate Legal Services are issued by the Executive Director or the Deputy Executive Director of the Ministry of Justice.
- Applicants for Apostilles on Public documents are required to complete an application form which can be collected from the 1st floor, Rooms 138-144, Ministry of Justice, Head Office, Justitia Building, Independence Avenue.
- Applicants must:
- Provide the full names, surname and capacity of the person who signed the document;
- Attach the original document on which they want an Apostille to be issued.
- In the case of an ID or Passport, only copies certified by a Notary Public will be accepted.
Kindly take note that as per the terms of the Hague Convention we only issue Apostilles on Namibian public documents bearing the seal/stamp of the Republic of Namibia. Namibian documents that are not issued by the Republic of Namibia can nevertheless be notarized by the Registrar of the High Court of Namibia.
Documents which may be presented to the Registrar are as follows:
- High and Supreme Court documents and Notarial Certificates
- All public documents issued by any O/M/A or body other than the High or the Supreme Court or a Notary Public must be submitted to the Directorate of Legal Services.
Address of the Registrar:
Application forms for an Apostille by the Registrar may be downloaded from the website www.ejustice.moj.na under High Court forms and Precedents.
Application made to both the Directorate of Legal Services and the Registrar for an Apostille may not be done through e-mail or fax, because the original documents must be submitted.
Apostilles issued by the Directorate of Legal Services are charged as follow:
- N$ 100.00 for Namibian citizens intending to study abroad;
- N$ 150.00 for Namibian citizens other than citizens referred to in paragraph (a) and (d);
- N$ 200.00 for foreign nationals; and
- N$ 250.00 for both Namibian and foreign nationals applying for the issuance of apostilles at diplomatic missions outside Namibia.