The Sunday Mail
Legal Matters
Arthur Marara
One of the constant inquiries that I get from people is, “How do I change my name?” There are a number of people who are stuck with names that they no longer want, and do not know what to do with these names. The good news is that you can actually change your first name(s) and surname if you so wish. There is a legal procedure for this. Well, in this instalment I am going to demystify the whole subject of change of name, and show you what you need do to change your name legally.
Do you want to
change your name?
If your answer is yes, the good news is that you can change your name anytime. The common law allows you to change your first name(s) or surname to whatever you wish as long as it’s not meant to deceive or defraud, and you are over the age of 16. In Zimbabwe, if you are not yet an adult, you will need the assistance of an adult to undertake this process on your behalf.
Why do people
change names?
Before demonising people for changing their names, you need to understand that this is their individual right in terms of the law. It is also yours, so if you do not exercise it, do not demonise or attack the people who are exercising it. In fact, globally some prominent people changed their names. Many would know Martin Luther King Junior. He was born, Michael Luther King Jr, until his father decided to adopt the name Martin Luther King Jr. Let me give a few more international examples here;
Miley Cyrus was born Destiny Hope Cyrus, but officially changed her name in January 2008.
Katheryn Elizabeth Hudson aka Katy Perry
Eric Marlon Bishop aka Jamie Foxx
Carlos Irwin Estevez aka Charlie Sheen
Onika Tanya Maraj aka Nicki Minaj
Peter Gene Bayot Hernandez aka Bruno Mars
Reginald Kenneth Dwight aka Elton John
Mark Vincent aka Vin Diesel
Robyn Rihanna Fenty aka Rihanna
Caryn Elaine Johnson aka Whoopi Goldberg
There are several prominent people in Zimbabwe who changed their names. This practice is legal and common. I would not want to pick names as these are in the public domain.
There are several reasons why people opt to change their names, and below are some of them. Please note that reasons vary from person to person;
Marriage or civil partnership (e.g. Bhirijeti Sponono marries Abhero Mudazvinhu and assumes his surname. There are also men assume their spouses’ surname. It’s perfectly legal.)
Adoption, or marriage of a custodial parent
Divorce or estrangement of parents
Immigration / adaptation of the name to a different language or script (e.g. if you are foreigner and you become a Zimbabwean national, you are not barred from changing your name)
To avoid a stalker or harassment
Religious conversion and/or deconversion, ordination or return to lay status
To choose a surname associated with a hobby, interest, or accomplishment (e.g., old name Abhero Mutanhi, new name Abhero Mhukadzesango)
To receive an inheritance conditional on adopting the name of the deceased (this reason was once quite common in landowning families in other parts of the world)
To replace a name which might be considered undesirable with a more desirable one. There are names which by virtue of the evolving nature of language sound now sound obscene. There was one Legal Notice of change of name that went viral with a an individual shortening their name for the sake of “decency”. To dissociate themselves from a famous or infamous person. For example you share surname with an infamous armed robber or criminal and your name is frequently used in many places. To identify with a famous or infamous person
To dissociate themselves from a family black sheep (e.g., relatives of Adolf Hitler). One of Pablo Escobar’s children had to change his name so that he could have a normal life after the demise of his drug lord father.
To dissociate themselves from an ethnic origin.
Commercial sponsorship — some people change their names in order to move particular brands, or to name a business that requires to be named after yourself or past partners. A good example is the law field. A law firm can only be named after the existing or past partners. If for example I want to set up my own practice and adopt a new name altogether and use that for my practice I can simply change my name to reflect the name and proceed to registration with the Law Society.
Protest or activism (e.g., old name Giribheti Tsvakai, new name Giribheti Musaurayamhuka)
To change to a fictional character’s name,
To make their name more attractive or “catchy” so as to increase their chance of success. This has been the trend in Zimbabwe where dozens of artists do not use their real names for the performances. Many do not formalise the change. The stage names can be registered as trademarks. The artist will still need to use their real names for contracts.
To change the legal name to the one used in everyday life (e.g., where middle name has been used throughout life)
To remove superstitious consequences of the old name (e.g. old name Muroyi, new name Giribheti Muchengeti)
In one hilarious case, someone had to change their name after losing a bet — for example, a New Zealand man changed his name to Full Metal Havok More Sexy N Intelligent Than Spock And All The Superheroes Combined With Frostnova, and apparently discovered it has been accepted when his passport expired.
Procedure for changing your name
Now that you know that there are several reasons for changing your name, are you ready for the procedure that will enable you to change your name.
You need a Notary Public
I have seen several people in town and on social media advertising that they can do “change of names”. That is illegal as only Notaries Public are allowed to preside over the procedure.
Lawyers are not allowed to advertise. Do not just go to anyone who claims they can assist you with the process. You need a Notary Public.
The legal and ethical requirement is that you are supposed to appear before a Notary Public. This means you should actually know the person who is handling the matter for you as a Notary Public.
A Notary Public is lawyer who is admitted as a Notary Public. The difference between lawyers and notaries public is simple, all notaries public are lawyers, but not all lawyers are notaries public.
#Step 1: Notarial Deed
of Change of Name
The Notary Public will prepare a document called, a Notarial Deed of Change of Name for you. You will have to appear before the Notary Public together with two witnesses and sign the Deed. Once the Deed has been signed it will be notarised.
#Step 2: Give Legal Notice of the Deed
You have seen these legal notice of Change of Name. Once you have appeared before the Notary Public you need to give Notice to the world that you have changed your name. The purpose of this is for the world to know that you have changed your name, and if anyone has any objections to this deed, they can lodge it.
The standard period for the notice is two weeks. The Notice has to be published in the Government Gazette, and a newspaper circulating in your area or wide circulation. The Herald for example is one such newspaper with wide circulation.
#Step 3: Lodging of the Deed
The Notary Public will lodge the Deed with the Deeds Office for the registration of the Deed. Once the Deed has been registered, it becomes a public document meaning anyone has access to it.
There are standard fees charged by the Deeds Office. These change from time to time. Your Notary Public will advise you of the costs including the costs for the Notices mentioned earlier.
#Step 4: Change your Birth Certificate
Once the Deeds Office has registered the change of name, armed with the Notarial Deed of Change of Name, you head to the Registrar of Births and Deaths’ Office so that you formalise the change of name through change of the Birth Certificate to indicate the new name.
Please keep the Notices you received from the Government Gazette and the newspaper as these would be needed at the Registrar’s Office.
You also need to update your Identity Documents for example your National ID, and Passport so that it reflects the new name.
Do you change your
academic certificates?
You do not necessarily need to change these. You use the Notarial Deed of Change of Name to explain the change of name. This will suffice. The Notarial Deed of Change of Name has to be neatly prepared so that its durable. You will need it along the way.
Once you do this, you are good to go with your new name. I trust that this has helped gain some perspective on one of the frequently asked questions in my practice of law.
Arthur Marara is a corporate and family law attorney. He is also a notary public and conveyancer. He has helped clients in the past set up family trusts, write and lodge wills. Follow him on social media (Facebook Attorney Arthur Marara), or WhatsApp him on +263780055152 or email [email protected]
