CHAPTER 24:02
CHANGE OF NAME (RESTRICTION)

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Appointed day

   4.   No person to assume, etc. another name without approval of Minister

   5.   Application for approval of Minister to change of name and advertising such application

   6.   Precluded persons

   7.   Applicant may also seek approval to change of name for his wife and minor children

   8.   Powers of Minister with regard to applications

   9.   Minister’s power to exempt

   10.   General exceptions

   11.   Validity of approved changes of name

   12.   Regulation making power

30 of 1971

An Act to provide for certain restrictions on the assumption and use by persons of names other than those by which they are ordinarily known on certain stated days and for matters related or incidental to such purpose

[1ST FEBRUARY 1972]

1.   Short title

   This Act may be cited as the Change of Name (Restriction) Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “application” means an application to the Minister under section 5 for approval to assume or use a name other than that by which the person to whom the application relates was ordinarily known on the operative date;

   “appointed day” has the meaning ascribed to that term by section 3;

   “broadcasting service” bears the meaning ascribed to that term by section 2 of the Communications Act;

   “child” includes remoter issue and an adopted child and his issue and remoter issue and cognate words shall be construed accordingly;

   “cinematograph picture” bears the meaning ascribed to that term by section 2 of the Censorship and Control of Entertainment Act;

   “operative date” means—

   (a)   in relation to any person or any member of any class of persons designated by the Minister by notice published in the Gazette to be a person or a class, as the case may be, for the purposes of this section, such date as shall be specified in such notice in respect of such person or class;

   (b)   in relation to any person not within the scope of paragraph (a) living in Malawi on the appointed day, the appointed day;

   (c)   in relation to any person not within the scope of paragraph (a) born in Malawi after the appointed day, the date of the ninth anniversary of the birth of such person;

   (d)   in relation to any person not within the scope of paragraph (a), (b) or (c) who enters Malawi after the appointed day, the date of the first entry of such person;

   “precluded person” means any person who, by virtue of section 6, is ineligible to apply for approval of change of name under this Act;

   “stage play” bears the meaning ascribed to that term by section 2 of the Censorship and Control of Entertainment Act.

3.   Appointed day

   (1) Within one month after the date of the commencement of this Act, the Minister shall, by notice published in the Gazette, declare a date specified in such notice to be the appointed day for the purposes of this Act.

   *(2) The date to be declared by the Minister under subsection (1) may be the said date of the commencement of this Act or it may be a date occurring before or after such date of commencement.

4.   No person to assume, etc., another name without approval of Minister

   (1) Subject to the other provisions of this Act, no person shall, after the commencement of this Act, for any purpose assume or use or purport to assume or use, or continue the assumption or use of, any name other than that by which he was ordinarily known on the operative date unless he has first obtained in accordance with this Act the approval of the Minister under section 8 to such assumption or use and a notice giving particulars of such approval under that section has been published in the Gazette.

   (2) Any person who fails to comply with any provision of subsection (1) shall commit an offence and be liable to imprisonment for six months or a fine of one hundred Kwacha.

5.   Application for approval of Minister to change of name and advertising such application

   (1) Any person, not being a precluded person, who, after the date of the commencement of this Act, desires to change the name by which he was ordinarily known on the operative date, may make application in accordance with the provisions of this section to the Minister for approval of such change of name.

   (2) Not less than two weeks before making his application to the Minister under this section, the applicant shall cause a notice, in the prescribed form, of his intention to apply for approval of such intended change of name to be published in one issue of a newspaper in general circulation in the area in Malawi in which he resides. Such notice shall, among other things, call upon any person wishing to object to the application to forward to the Minister, within two weeks of the date of such publication as aforesaid, particulars in writing of such objection and the reasons therefor.

   (3) Every application pursuant to this section shall be made to the Minister in the prescribed form and shall be forwarded to the Minister not less than two weeks and not more than two months after the date of the publication of the relevant notice of intention referred to in subsection (2).

   (4) Every such application shall be accompanied with—

   (a)   a statutory declaration in the prescribed form made and subscribed by the applicant supporting his application;

   (b)   a copy of the newspaper in which the notice of intention was published in accordance with subsection (2);

   (c)   the prescribed fee; and

   (d)   any further evidence prescribed to be furnished in support of the application.

6.   Precluded persons

   No person may apply for approval of a change of name under this Act if he—

   (a)   is less than twenty-one years of age;

   (b)   is an undischarged bankrupt; or

   (c)   has within the three years immediately preceding his application been convicted of an offence under any written law and sentenced therefor to imprisonment without the option of a fine for six months or more.

7.   Applicant may also seek approval to change of name for his wife and minor children

   When making any application, the applicant may seek approval for his wife or minor children to assume, use and be known by a name or names, as the case may be, other than those assumed or used by her or them, and by which she, or they, was or were ordinarily known on the respective operative dates applicable to them. Where any such applicant includes in the statutory declaration made and submitted under section 5 in support of his application particulars relating to, and undertakings on behalf of, any such wife or child, it shall not be necessary for any such wife or child to make, or file, any separate statutory declaration in support of the application in so far as it relates to her or him.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.