Category: Legal News

Change of Name Process in Zimbabwe

Change of Name Process in Zimbabwe

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Change of name process is a legal act whereby one abandons  their birth certificate name and assume a new one. The law allows a person to change his or her name, in terms of Section 18 of the Birth & Deaths Registration Act. One can legally change his or her first name, middle name, surname or a combination of all these. The law provides for the procedure and requirements for changing a name. A person may change a name due to various reasons which include but not limited to the following:

  • general dislike of the name preferring a new one
  • desire to assume a unique or celebrity name
  • Spiritual or religions reasons
  • Woman assuming her husband’s surname after marriage (though not compulsory)
  • Assuming paternal surname

Change of First or Middle Name

The law permits anyone to change his or her first or middle name. An application is made to the Registrar General for the change of name and the required paperwork is done. If the applicant is a minor their parent or guardian may apply for the change of name on their behalf. If the Registrar General is satisfied with all the documents required and the statutory fees paid, a new birth certificate reflecting the name change will be issued.

Change of Surname or First Name and Surname

This process is done through a Notarial Deed of Change of Name which is then submitted to the Registrar General to process and issue out new identity documents. A person who wishes to change his or her surname or first name and surname must approach a Notary Public who is a Lawyer, however not all lawyers are Notary Public. A Notarial Deed of Change of Name is only prepared by a lawyer who is a Notary Public.

The applicant instructs the Notary Public who then drafts the deed. The applicant and the Notary Public must sign the deed. The proposed name change must be advertised in the Government Gazette and a local newspaper for a period of fourteen (14) days for any objections. This is done as a safeguarding measure against people who change their name for illegal reasons like fraud or misrepresentation.

If there are no objections to the change of name, proof that the Deed has been advertised together with the Notarial Deed of Change of Name is submitted by the Notary Public to the Deeds Office for registration. There are statutory registration fees required by the Deeds Office.

After registration by the Deeds Registrar, the deed, proof of advertisement and birth certificate is then submitted to the office of the Registrar General upon payment of required statutory fees. If the applicant is a minor child, the Notarial Deed of Change of Name is signed by their parent or guardian on their behalf. If the Registrar General is satisfied with the application, a new birth certificate is issued bearing the new name.

For a woman who wishes to adopt her husband’s surname after marriage, the process is done through an application to the Registrar General. After submitting the Marriage Certificate and satisfying all the requirements the Registrar will issue out new identity documents bearing the new surname.

This article has been published for information purposes only. Seek advice from an attorney.

Variation of Maintenance

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DID YOU KNOW…..That a maintenance order can be varied?

In the event that the circumstances have changed after obtaining an order for such from a competent Court, one can make an application for variation of the order. The circumstances can include the child’s age as well as changed social and economic realities amongst other factors. A maintenance order can be varied either upwards or downwards.

In the case of Hora v Tafamba it was held that the role of a Magistrate in maintenance cases is to;

“Generally, the duty of a magistrate in a maintenance application, more particularly where the parties are unrepresented, is that of an investigative magistrate. He is not merely an umpire in a dispute between two sides. He is the upper guardian of the most important party, the child. He must therefore seek out the relevant facts. He must ask whatever questions are necessary to enable him to give an adequate judgment. He must aim to give the child reasonable financial support without placing an unfair burden on either parent.”

Where circumstances have changed the court will take into account the extent of the change as well as the needs of the minor child/ren. It is important that the applicant in a case for upward variation be in a position to justify the amount that they are claiming as they may at times be called upon to provide a breakdown of the sum that they are claiming from the respondent in the matter.

As with all matters involving children, the guiding principle is that the best interests of the child are of paramount importance. Whatever is decided should be in line with this legal principle.

This is for general information purposes only. Seek legal advice from your Lawyer.

The New Marriages Act – [Chapter 5:15]

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The Marriage Act [Chapter 5:15] (hereinafter referred to as the “Act”) seeks to repeal the current Marriage Act [Chapter 5:11] and the Customary Marriage Act [Chapter 5:07]. These two statues catered to the different marriage regimes in Zimbabwe. The Act looks to have all marriages in Zimbabwe governed by one statute.

In terms of section 2 of the Act, the President of the Republic of Zimbabwe will announce the date from which the Act will become operational:

1 Short Title and Date of Commencement

(2) This Act shall come into operation on a date to be fixed by the President by notice in the Gazette.

To begin with the Act pegs the minimum age of marriage at 18. There are various statues that have been amended as a result of this provision, such as the General Law Amendment Act. The Guardianship of Minors Act prior to its amendment provided for the marriage of a minor with the consent of their parent/s or guardian/s. The Act seeks to prevent the exploitation of child/ren by introducing a jail term and or a fine for adults that facilitate child marriages:

3 Minimum age of marriage

(3) Any person, other than the child concerned, who contravenes subsection (2), shall be guilty of an offence and liable to a fine not exceeding level 10 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.

[This provision excludes ONLY the child from criminal liability, and imputes the liability on the parent/s or guardian/s of the minor.]

The above cited provision seeks to safeguard the rights of the girl and boy child by advocating for the abolition of child marriage. This change will also curb the extent of sexual exploitation of the children by sexual predators.

Marriages in Zimbabwe are between two parties of the opposite sex (male and female) that are eighteen years of age and above. Despite neighboring jurisdictions observing same sex marriage it is emphasised that in terms of the laws of the country same sex marriages are not recognized nor marriages of parties that have a certain degree of relation. Section 4 of the Act provides that both parties to the marriage must consent to their union for it to be solemnized.

Another change that has been introduced by the Act is the addition of Chiefs as marriage officers when it comes to solemnizing customary law marriages in their districts.

Prior to the Act there were three types of marriages that were recognized under the laws of the Zimbabwe. The marriages are listed below in accordance to their hierarchy;

  • Civil Marriages in terms of the Marriage Act [Chapter 5:11]
  • Customary Marriage in terms of the Customary Marriages Act [ Chapter 5:07]
  • Unregistered Customary law union.

The Act now recognizes more marriages in Zimbabwe.

  1. CIVIL MARRIAGE

This is a monogamous marriage, which means that only one husband and one wife are involved. In the event that a spouse marries someone else, they have committed the crime of bigamy. An offended party in this sort of marriage (by virtue of their spouse’s infidelity) may opt to sue for adultery damages.

  1. CUSTOMARY LAW MARRIAGE

This marriage is between one man and at least one wife; it has the potential to be polygamous depending on the male counterpart. Only the husband in this type of a marriage can marry more than one wife; with the wife in such a marriage not being able to marry another husband. The husband can sue for adultery damages in the event of infidelity. If the husband has only one wife, the wedding can be upgraded to a civil marriage, eliminating the customary law marriage.

  1. UNREGISTERED CUSTOMARY LAW UNION

This is a union where lobola is paid by the husband to the wife’s family, but the couple do not register the marriage hence the title unregistered customary law union.

The Act now recognizes in addition to the 3 marriages, the Qualified Civil Marriage and the Civil partnership. In terms of the Act the number of marriages that will now be observed in Zimbabwe has increased from the traditional 3. The marriages have certain aspects that make them valid in terms of the law.

Of importance to note is the fact that all the marriages will be equal in terms of the law. What this means in terms of Estate Administration and inheritance is yet to be discovered. The next article will focus on the new marriages that are introduced by the Marriage Act [Chapter 5:15].

This article is for general information purposes only. Please contact a Lawyer for advice.