Chapter 10:14

Names (Alteration) Act

Acts 4/1983, 31/1985, 8/1988; S.I.s. 594/1983, 116A/1985, 77/1988, 34A/1990, 71/1990, 88/1991.

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Alteration of names.
4. Amendment of Schedule.
5. Alteration of names of companies.
6. Construction of references to names.
7. Rectification of plans, diagrams, deeds and documents.
8. Validation of anticipatory use of new names.
9. Effect of changes of name.
10. Saving of other laws.
11. Amendment of Acts.

SCHEDULE

Alteration of Names

AN ACT to provide for the alteration and correction of the names of certain local authorities, institutions, statutory bodies, places, areas and companies within Zimbabwe; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 6th May, 1983.]

1    Short title

This Act may be cited as the Names (Alteration) Act [Chapter 10:14].

                       2    Interpretation

In this Act—

“local authority” means a municipality, town, local board or rural district council;

“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may, from time to time, assign the administration of this Act; “place” includes a public building, road, street, river or natural feature.

                       3    Alteration of names

Notwithstanding any other law but subject to this Act, the local authorities, institutions, statutory bodies, places and areas which have hitherto been known by the names specified in the first column of the Schedule shall be known by the names specified in the second column of the Schedule opposite such first-mentioned names.

                       4    Amendment of Schedule

• Subject to subsection (2) and section ten, the Minister may, by statutory instrument, from time to time amend the Schedule by adding thereto the name of any local authority, institution, statutory body, place or area or by subtracting any name therefrom or altering any name specified therein.
• The Minister shall not alter the name of any public building, road or street in terms of subsection (1) except after consultation with the person in whom the ownership or control of the building, road or street is vested.

                       5    Alteration of names of companies

• In this section—

“Registrar” means the Chief Registrar of Companies or a registrar of companies appointed for the purposes of the Companies Act [Chapter 24:03].

• Notwithstanding section 25 of the Companies Act [Chapter 24:03] but subject to this section and section ten, a company whose name incorporates a name specified in the first column of the Schedule, or a shortened or abbreviated version of such a name, may, by resolution passed at a meeting of the directors of the company, after obtaining the written approval of the Registrar, alter its name.
• Before altering its name in terms of subsection (2), a company shall—
• cause to be published, once in the Gazette and once in a newspaper circulating in the district in which the registered office of the company is situated, an advertisement—
  • setting forth the proposed new name of the company; and
  • stating that the company intends to apply to the Registrar for his approval of the proposed alteration of its name; and
  • calling upon interested persons to lodge any representations they may wish to make in regard to the proposed alteration of its name, in writing, with the Registrar within fourteen days after the last publication of the advertisement;

and

• not later than fourteen days after the last publication of the advertisement in terms of paragraph (a), apply to the Registrar for his approval of the proposed alteration of its name.
• Upon receipt of an application in terms of paragraph (b) of subsection (3), the Registrar may, after considering any representations lodged with him in terms of paragraph (a) of that subsection, in writing grant or refuse to grant approval of the proposed alteration of the name of the company.
• When a company has altered its name in terms of this section, the Registrar shall enter the new name in the register of companies in place of the former name and shall issue to the company a certificate of incorporation altered to meet the circumstances of the case, or a certificate that the new name is entered in the register in place of the former name.
• No fee shall be payable for anything done by the Registrar in terms of this section.

                       6    Construction of references to names

Subject to section eleven, where in any enactment, deed or document a local authority, institution, statutory body, place or area whose name has been altered by or in terms of this Act is referred to by its former name specified in the first column of the Schedule, such reference shall, where appropriate, be construed as a reference to the name specified opposite such former name in the second column of the Schedule.

                       7     Rectification of plans, diagrams, deeds and documents

• Notwithstanding the Land Survey Act [Chapter 20:12], the Surveyor-General may, free of charge, for the purpose of giving effect to the alteration of a name by or in terms of this Act, make any endorsement upon or alteration to any general plan, diagram or document filed or recorded in his office or registered in a Deeds Registry or tendered to him for such endorsement or alteration to be made:

Provided that, where he has made such an endorsement upon or alteration to any general plan, diagram or document filed or recorded in his office or registered in a Deeds Registry, he shall, if requested to do so by the owner, free of charge, make an equivalent endorsement upon or alteration to the owner’s copy of the relevant diagram or document.

• Notwithstanding the Deeds Registries Act [Chapter 20:05], a Registrar of Deeds may, free of charge, for the purpose of giving effect to any alteration of a name by or in terms of this Act, make any endorsement upon or alteration to any deed or document registered or recorded in his registry, and if at any time the owner’s copy of the deed or document so endorsed or altered is lodged in his registry for any purpose, he shall, free of charge, cause an equivalent endorsement or alteration to be made thereon:

Provided that, before making any such alteration, a Registrar of Deeds may require the owner of the deed or document concerned to produce such documents as he may specify.

• Notwithstanding the Mines and Minerals Act [Chapter 21:05], a mining commissioner or other officer responsible for the registration of mining titles may, free of charge, for the purpose of giving effect to any alteration of a name by or in terms of this Act, make any endorsement upon or alteration to any register or document in his office or to any certificate or document tendered to him for such endorsement or alteration to be made:

Provided that, where he has made an endorsement upon or alteration to any register or document in his office he shall, if requested to do so by the holder, free of charge, make an equivalent endorsement upon or alteration to any certificate or document which is held by any person and which relates to the register entry or document so altered.

                       8    Validation of anticipatory use of new names

No enactment, deed or document made or executed on or after the 18th April, 1982, shall be invalid or in any way ineffective solely by reason of the fact that in such enactment, deed or document a local authority, institution, statutory body, place or area was referred to by its new name specified in the second column of the Schedule before its name was altered by or in terms of this Act.

                       9    Effect of changes of names

The alteration by or in terms of this Act of the name of any local authority, institution, statutory body or company shall not affect any rights or obligations of the local authority, institution, statutory body or company nor render defective any legal proceedings by or against the local authority, institution, statutory body or company, and any legal proceedings that might have been continued or commenced by or against the local authority, institution, statutory body or company under its former name may be continued or commenced by or against it, as the case may be, under its new name.

10 Saving of other laws

Nothing in this Act shall be construed as derogating from the power of any person in terms of any other law to alter the name of any local authority, institution, statutory body, company, place or area, whether or not such name has been altered by or in terms of this Act.

11 Amendment of Acts

The President may, by statutory instrument, amend any Act in order to give effect to the alteration of any name by or in terms of this Act