Malawi Act or statute

Malawi legislation

Change of Name (Restriction) Act, 1971

administrative approvalapplication processapplication reviewapplicationsbusiness namesexemptionsfeesformsgazette noticeBusiness registrationministerial approvalministerial decision-makingname usenotice publicationpersonal namespersonal statuspublic noticeregulation makingregulatory timing

Jurisdiction: Malawi
Structure: 12 provisions
Citation: Act 30 of 1971
Official identity: Year 1971
Dates: Enacted 1971 · Source version 31 Dec 2014

More statute details

Official identity: Year 1971
Dates: Enacted 1971 · Source version 31 Dec 2014

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Purpose and legislative effect

“This provision gives the Act its short title: the Change of Name (Restriction) Act.”

This provision gives the Act its short title: the Change of Name (Restriction) Act. This section defines key terms used in the Act, including application, appointed day, operative date, precluded person, and related media terms. The Minister must, within one month after commencement, publish a Gazette notice declaring the appointed day for the Act. A person must not use or keep using a name other than the one they were ordinarily known by on the operative date unless they first get the Minister’s approval and publish notice in the Gazette. A qualified person may apply to the Minister for approval to change their name, but must first publish notice and submit the application with specified documents and fee.

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Enacted 1971 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This provision gives the Act its short title: the Change of Name (Restriction) Act.

Section 1

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

A person must not use or keep using a name other than the one they were ordinarily known by on the operative date unless they first get the Minister’s approval and publish notice in the Gazette.

Section 4

Section 7

An applicant may ask for approval to change the name of a wife or minor children, and those relatives do not need separate statutory declarations if included in the applicant’s section 5 declaration with the required particulars and undertakings.

Section 7

Minister’s power to exempt

The Minister may exempt a person from this Act by licence and may revoke that licence at any time.

Section 9

Regulation making power

The Minister may make regulations to carry out the Act, including rules on forms, fees, application conditions, evidence, and other prescribed matters.

Section 12

Source and current-law status

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Source record from malawilii.org · Enacted 1971 · Source version 31 Dec 2014

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Showing 12 of 12 provisions

Provision 6Commencement 3Short titleInterpretation

§ 1Short titleShort title

This provision gives the Act its short title: the Change of Name (Restriction) Act.

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

Section 1Verify source

§ 2InterpretationInterpretation

This section defines key terms used in the Act, including application, appointed day, operative date, precluded person, and related media terms.

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; [Cap. 68:01] “ 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; [Cap. 21:01] “ 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. [Cap. 21:01]

Section 2Verify source

§ 3Appointed dayCommencement

The Minister must, within one month after commencement, publish a Gazette notice declaring the appointed day for the 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. * *Note: The appointed day was declared to be the 1st of February, 1972: G/N. 15/72

Section 3Verify source

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

A person must not use or keep using a name other than the one they were ordinarily known by on the operative date unless they first get the Minister’s approval and publish notice in the Gazette.

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.

Section 4Verify source

§ 5Application for approval of Minister to change of name and advertising such applicationCommencement

A qualified person may apply to the Minister for approval to change their name, but must first publish notice and submit the application with specified documents and fee.

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 .

Section 5Verify source

§ 6Precluded personsOffence

A person cannot apply for approval of a change of name under this Act if they are under 21, an undischarged bankrupt, or were convicted within the previous 3 years and sentenced to at least 6 months’ imprisonment without a fine option.

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.

Section 6Verify source

§ 7Section 7Provision

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.

Section 7Verify source

§ 8Powers of Minister with regard to applicationsProvision

The Minister decides whether an application is granted or refused, must notify the applicant, and must not approve an application affecting a wife or a child over 16 unless that wife or child has first given consent.

8. Powers of Minister with regard to applications (1) After considering such objections to an application , if any, forwarded to him as the result of the publication of a notice under section 5 (2) and after considering such other matters as to him appear relevant to such application, the Minister, in his discretion, shall decide whether it should be granted or refused and shall cause his decision to be notified to the applicant: Provided that the Minister shall not approve any such application in so far as it relates to wife or to any child who is more than sixteen years of age unless the consent of such wife or child is first furnished to the Minister. (2) When the Minister decides to grant any such application either in whole or in part he shall cause a separate notice in the prescribed form to be published in the Gazette in respect of each person to whom the application relates, and to whose change of name approval is granted, giving particulars of such approval. (3) Any decision made by the Minister under subsection (2) shall be final and shall not be subject to appeal to, or question by, any court of law, and the Minister shall not be required to assign any reason for such decision.

Section 8Verify source

§ 9Minister’s power to exemptProvision

The Minister may exempt a person from this Act by licence and may revoke that licence at any time.

9. Minister’s power to exempt The Minister may, by licence under his hand in the prescribed form, declare any person to be exempt from the provisions of this Act, and may, by writing under his hand, at any time, revoke any such licence.

Section 9Verify source

§ 10General exceptionsProvision

This section exempts several kinds of name use from the Act, including family names, married women’s names, pen-names, certain office names, body corporate names, adoption-related names, and registered business names.

10. General exceptions (1) Nothing in this Act shall apply to the assumption or use— (a) by any person of the traditional name of the family of his father or his mother; (b) by any married woman of her husband’s name or part thereof; (c) by any woman of her maiden name upon the dissolution of her marriage or upon widowhood; (d) by any person appointed to any office under the Chiefs Act of the name attaching to that office; [Cap. 22:03] (e) by any person of any name solely for the purpose of portraying a character in any cinematograph picture , stage play or broadcasting service ; (f) by any person of any pen-name for any lawful purpose; (g) of any name by any person in possession of a currently valid licence under the hand of the Minister issued pursuant to section 9 ; or (h) of any name by any body corporate; (i) by any person of any name assumed pursuant to any written law relating to the adoption of children; (j) by any married woman of her maiden name at any time during the subsistence of her marriage. (2) Nothing in this Act shall affect the assumption or use as a business name by any individual or firm carrying on business in Malawi of any name which is for the time being registered as the business name of such individual or firm under the Business Names Registration Act. In this subsection, the terms “business name”, “firm” and “individual” bear the meanings respectively ascribed thereto in section 2 of the Business Names Registration Act. [Cap. 46:02]

Section 10Verify source

§ 11Validity of approved changes of nameProvision

A change of name made after the required approval under this Act is valid for all purposes.

11. Validity of approved changes of name A change of name effected after approval has been given under this Act to such change shall be valid for all purposes, any rule of law or any custom to the contrary notwithstanding.

Section 11Verify source

§ 12Regulation making powerProvision

The Minister may make regulations to carry out the Act, including rules on forms, fees, application conditions, evidence, and other prescribed matters.

12. Regulation making power The Minister may make regulations for the better carrying out of this Act and, without prejudice to the generality of the foregoing, such regulations may provide for— (a) forms to be used for any application , notice or other document required for the purposes of this Act; (b) the fees to be paid on any application , or in respect of any notice published, under this Act; (c) the conditions to be satisfied, or evidence furnished, before the Minister gives consideration to applications generally, or to applications from any specified category of persons; (d) any matter to be, or which may be, prescribed under this Act.

Section 12Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Business Names Registration Act
Section 10
Communications Act
Section 2

G–M

1 instrument

Minister (1) Subject to the other provisions of this Act
Section 4

N–S

1 instrument

Name (Restriction) Act
Section 1

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31 Dec 2014 · currentEnglish

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