Change of Name (Restriction) Act
- Assented to on 31 December 1971
- Commenced on 1 February 1972
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Change of Name (Restriction) Act.
2. InterpretationIn 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]
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 personsNo person may apply for approval of a change of name under this Act if he—
7. Applicant may also seek approval to change of name for his wife and minor childrenWhen 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.
8. Powers of Minister with regard to applications
9. Minister’s power to exemptThe 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.
10. General exceptions
11. Validity of approved changes of nameA 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.
12. Regulation making powerThe 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—
History of this document
01 February 1972
31 December 1971