Chapter 10:01

Armorial Bearings Names Uniforms And Badges Act

Acts 12/1971, 40/1977, 29/1981 (s. 59), 7/198, 22/2001 (s. 4); S.I. 490/1981 (s. 3).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

ARMORIALBEARINGS OFZIMBABWE AND CERTAIN EMBLEMS AND TITLES

3. Protection of armorial bearings, etc.
5. Forfeiture of articles.

PART III

REGISTRAR

6. Appointment of Registrar and other officers.
7. Seal of office.

PART IV

NAMES, UNIFORMS, BADGES AND HERALDIC REPRESENTATIONS

9. Application for registration.
10. Registrar may accept or refuse application.
11. Registrar to supply reasons for refusal of or qualified acceptance of application.
12. Publication of notice of application and deposit of specimen for examination.
13. Grant or refusal of registration.
14. Registrar to supply reasons for refusal to register or grant of qualified registration.
15. Registration and issue of certificate and notification of registration.
16. Qualifications for registration.
17. Consent of person whose name appears in name, uniform, badge or heraldic representation proposed to be registered.
18. Cancellation for non-use.
20. Correction and rectification.
21. Application for amendment of registered name, uniform, badge or heraldic representation.
22. Applications by aggrieved persons.
23. Heraldry Committee.
24. Uniforms Committee.
25. Where Registrar does not accept advice of Heraldry or Uniforms Committee.
26. Minister may issue orders.
27. Minister may prohibit wearing of certain parts of uniforms worn by members of the Security Forces.

PART V

GENERAL

SCHEDULE

Armorial Bearings of Zimbabwe.

AN ACT to provide for the protection of the armorial bearings of Zimbabwe and certain emblems and titles; to provide for a Registrar of Names, Uniforms, Badges and Heraldic Representations; to assign the functions of the Registrar; to provide for the registration and protection of names, uniforms, badges and heraldic representations; and to provide for matters incidental to the foregoing.

[Date of commencement: 1st November, 1971.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Armorial Bearings, Names, Uniforms and Badges Act [Chapter 10:01].

                       2    Interpretation

In this Act—

“application” means an application referred to in section nine;

“armorial bearings of Zimbabwe” means the armorial bearings of the Republic of Zimbabwe as defined in the Schedule;

“association” means—

• an association, club, board, group, body or authority, corporate or unincorporate, formed or established in Zimbabwe for any purpose other than the acquisition or making of a profit for itself or its members, and includes any branch, formed or established in Zimbabwe, of any such association, club, board, group, body or authority formed or established outside Zimbabwe;
• an institution formed or established in Zimbabwe for the promotion of education, and includes a university, university college, training college, normal college, technical college or school or a union or society of the present or past students or scholars of any such institution;

“badge” means any token, design, insignia or emblem other than a heraldic representation;

“coat of arms” means any design, object or figure, being a symbolic representation displayed in colours and in conformity with the principles and rules of heraldry, with or without a coronet, helmet, crest, mantling, supporters, motto or other accessories;

“heraldic representation” means— (a) a coat of arms; or

(b) any heraldic badge, decoration, emblem, insignia, medal, seal or other symbolic representation which is in conformity with the principles and rules of heraldry;

“Heraldry Committee” means the Heraldry Committee established by section twenty-three;

“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“name” includes a designation;

“objector” means a person who has lodged an objection in terms of section twelve;

“Patents Tribunal” means the Patents Tribunal established under the Patents Act [Chapter 26:03];

“Register” means the register kept in terms of section eight;

“Registrar” means the Registrar referred to in section six;

“trade mark” means a mark registered under the Trade Marks Act [Chapter 26:04];

“uniform” means any article or articles of wearing apparel and includes a badge or braid worn in association with any particular item or items of clothing, and a tie;

“Uniforms Committee” means the Uniforms Committee established by section twenty-four; “use”, in relation to a uniform, badge or heraldic representation, includes wear.

PART II

ARMORIALBEARINGS OFZIMBABWE AND CERTAIN EMBLEMS AND TITLES

3    Protection of armorial bearings, etc.

• Subject to subsection (2), no person shall, without the authority of the President, the burden of proof whereof lies on such person—
• use; or
• apply to any articles produced or sold by him; or
• import any articles to which there have been applied;

any of the following—

• the armorial bearings of Zimbabwe or any device, emblem, title or symbol forming part thereof, or armorial bearings so nearly resembling the armorial bearings of Zimbabwe as to be likely to deceive;
• the style, title, name, portrait or effigy of the President or any former President;
• any device, emblem, title, symbol or words which is or are likely to lead to the belief that his trade, business, profession or occupation is carried on under the patronage of, or that he is employed by, or supplies articles to, the President, the Government or any Ministry or department of the State.

• The President may, by notice in a statutory instrument, authorize the Minister to grant, on behalf of the President and subject to such terms and conditions as the Minister may think fit to impose, authority to any person to do, in relation to any device, emblem, title or symbol forming part of the armorial bearings of Zimbabwe as may be specified in such notice, anything referred to in subsection (1).
• Subsection (1) shall not—
• be construed as affecting the right of the proprietor of a trade mark containing any armorial bearings, device, emblem, title, symbol, style, name, portrait or effigy referred to in subsection (1) to use such trade mark;
• apply to any matter which is the subject of any regulation made in terms of section 5 of the Flag of Zimbabwe Act [Chapter 10:10].