Hilary Muza 
There are a myriad reasons why one would want to change their name. In my experience, the most fundamental motivation to change a name is to either associate oneself with something or dissociate oneself from something.
It could be to conform to religious norms, to facilitate ease of migration with minors, confirmation of paternity, to distance oneself from a name they consider tainted or to be known by a name they like for whatever reason.
This list is by no means exhaustive. Whatever the motivation to change one’s name, it is permissible in our law.
Zimbabwean law permits an individual to change his or her name and in terms of Section 18 of the Births & Deaths Registration Act [Chapter 5:02]. In terms of the Act, one can legally change his or her first name, middle name, surname or a combination of all these. The processes for such changes differ as will be explained below.
Change of forename
This includes either the first name or the middle name. If one wants to change their forename they may approach the Registrar-General and make an application for the registration of the change of forename in the register of births.
The Registrar-General will usually require evidence in support of the change. This may be in the form of affidavits or other required form of evidence. In some instances the Registrar-General may require some persons to make physical appearance at the registry.
There is therefore, no requirement for a notarial deed of change of name where one individual only wants to change their forename.
Change of surname
The individual intending to change his/her name appears before a notary public personally and has the notarial deed for change of name executed. The notarial deed of change of name should clearly state one’s old names and the new names to be assumed.
A notary public is a lawyer, but not all lawyers are notaries public. A notarial deed of change of Name is only prepared by a lawyer who is a notary public.
Once the notarial deed is executed, the notary public causes the process to be advertised in the local newspaper and the Government Gazette.
The advert then runs for 14 days from the date of the publication. After 14 days, the notary public lodges the notarial deed of change of name with the Registrar of Deeds together with the proof of advertising in the manner prescribed by the law.
If the Registrar of Deeds is satisfied that the application has been properly done, the notarial deed of change of name is then officially registered.
Once registration is complete, the individual who has changed their name(s) takes the registered notarial deed, proof of advertisement and his/her old birth certificate to the Registrar of Births and Deaths for the issuance of a new birth certificate
Change of name for minors
A minor is any person who is below 18 years of age and minors too can change their names and the process is equally the same as that articulated above, with the only difference being that the notarial deed of change of name is signed by their parent or guardian.
The same goes for an application to change a minor’s forename(s). If the Registrar General is satisfied with the application, then a new birth certificate will be issued.
Change of name for a woman after marriage
Where a woman wishes to adopt her husband’s name after marriage, she must make an application to the Registrar General to that effect. No notary public is required for this process. The woman need only submit her marriage certificate and after satisfying all the aforementioned requirements, the Registrar issues out new identity documents bearing the new surname.
Change of name of child born out of wedlock
Where a child is born out of wedlock, there is a common misconception that the mother has to secure the consent of the minor’s father when changing the surnames of the minors.
In the case of Katedza v Chunga and Another HH 50/03 the Court emphasised that a mother of a child born out of wedlock does not need to obtain a father’s consent when changing a minor’s name.
A customary law marriage accords to a father guardianship rights for customary law purposes only.
The procuring and application for changes of information on a birth certificate is not an exercise of a father’s customary law guardianship rights and as such his consent thereto is not required.
Applicable fees for the change of name process
Where one is looking to change their surname, then the notary public’s fees are payable. A further fee is then paid for advertising in the local newspaper. This amount can be paid directly to the relevant newspapers. A statutory fee is also paid to the Registrar of Deeds for the acceptance and processing of the change of name. Finally, there are statutory fees payable for the issuance of a new birth certificate.
Muza is a duly admitted lawyer with expertise in business law, labour law and commercial litigation. He writes in his personal capacity. For feedback, email him at hilarykmuza@gmail.com or call on +263719042628.
