Legal Templates
Change Of Name Declaration

Change Of Name Declaration for South Africa

Change Of Name Declaration Template for South Africa

A Change of Name Declaration is a formal legal document used in South Africa under the Births and Deaths Registration Act 51 of 1992, where an individual formally declares their intention to change their legal name. The document serves as a crucial component in the official name change process, containing personal details, reasons for the change, and necessary declarations. It must comply with South African legal requirements and typically requires certification by a Commissioner of Oaths. The declaration forms part of the broader application process handled by the Department of Home Affairs.

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What is a Change Of Name Declaration?

The Change of Name Declaration is a fundamental legal document used in South Africa when an individual wishes to formally change their name. This declaration is required under the Births and Deaths Registration Act 51 of 1992 and forms a crucial part of the official name change application process with the Department of Home Affairs. The document is used in various situations, including post-marriage name changes, divorce-related name reversions, personal preference changes, or gender reassignment cases. It must include comprehensive personal information, clear reasoning for the name change, and formal declarations of truth. The declaration requires proper witnessing and certification by a Commissioner of Oaths, making it a legally binding document that can be used for official purposes.

What sections should be included in a Change Of Name Declaration?

1. Personal Details: Current full name, ID number, date of birth, and contact details of the declarant

2. Current Name Declaration: Formal statement of current legal name as it appears on official documents

3. Proposed Name Declaration: Clear statement of the new name being requested

4. Reason for Name Change: Detailed explanation of why the name change is being requested

5. Previous Name Changes: Declaration of any previous name changes, if applicable

6. Legal Declaration: Formal declaration that all information provided is true and correct

7. Signature Block: Space for signature, date, and place of signing

What sections are optional to include in a Change Of Name Declaration?

1. Parental Consent: Required when the name change involves a minor under 18 years old

2. Marriage/Divorce Details: Required when name change is related to marriage or divorce

3. Guardian Declaration: Required when the declarant is under legal guardianship

4. Professional Status Declaration: Required when name change affects professional registrations or qualifications

5. Criminal Record Declaration: Optional statement regarding absence of criminal intent in name change

What schedules should be included in a Change Of Name Declaration?

1. Identity Documentation: Certified copies of ID document, birth certificate, or passport

2. Supporting Documents: Marriage certificate, divorce decree, or other relevant legal documents justifying the name change

3. Proof of Publication: If required, proof of publication of name change intention in Government Gazette

4. Affidavits: Supporting affidavits from witnesses or family members if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Declaration Form

Sector

Compliance

Cost

Free to use
Relevant Industries

Legal Services

Public Administration

Healthcare

Education

Financial Services

Professional Services

Immigration Services

Human Resources

Government Services

Social Services

Relevant Teams

Legal

Human Resources

Compliance

Administrative Services

Identity Management

Records Management

Registration Services

Customer Service

Document Processing

Public Relations

Relevant Roles

Legal Officer

Human Resources Manager

Compliance Officer

Immigration Consultant

Public Service Administrator

Identity Management Specialist

Records Manager

Registration Officer

Civil Status Officer

Administrative Coordinator

Industries
Births and Deaths Registration Act 51 of 1992: The primary legislation governing name changes in South Africa, specifically sections 24-26 which detail the procedures and requirements for changing one's name or surname
Constitution of the Republic of South Africa, 1996: Section 10 (human dignity) and Section 14 (right to privacy) are relevant to name change applications as they protect personal identity rights
Children's Act 38 of 2005: Relevant when the name change involves a minor, particularly sections regarding parental responsibilities and rights, and the best interests of the child
Protection of Personal Information Act 4 of 2013 (POPI Act): Governs the handling of personal information during the name change process, ensuring privacy and proper data protection
Domicile Act 3 of 1992: Relevant for determining jurisdiction and applicable law in name change applications, particularly for permanent residents or citizens changing names
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