CHANGE OF NAME (RESTRICTION)

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

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.

    *Note:

    The appointed day was declared to be the 1st of February, 1972: See G/N. 15/72

    (2) Not less than two weeks before making his application…