Name Change Affidavit for South Africa

Name Change Affidavit Template for South Africa

A Name Change Affidavit is a formal sworn statement used in South Africa to officially declare and provide evidence of a person's intention to change their name. This legal document, governed by the Births and Deaths Registration Act 51 of 1992, serves as a formal declaration of both the current name and the desired new name, along with the reasons for the change. The document must be properly executed before a Commissioner of Oaths and typically includes supporting documentation such as identity documents, birth certificates, and other relevant evidence to substantiate the name change request.

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What is a Name Change Affidavit?

A Name Change Affidavit is a crucial legal document used in South African law when an individual wishes to formally change their name. This document is required by the Department of Home Affairs and other authorities to process a legal name change. The affidavit must include the deponent's current full name, identification details, the proposed new name, and a detailed explanation of the reasons for the change. It serves as a sworn statement that the name change is not being pursued for fraudulent purposes and must be commissioned by a qualified Commissioner of Oaths. The document is particularly important as it forms part of the official record and may be required for updating various legal and personal documents, from identity documents to bank accounts and professional registrations.

What sections should be included in a Name Change Affidavit?

1. Deponent Details: Full personal details of the person making the affidavit, including current full name, ID number, date of birth, and residential address

2. Current Name Declaration: Clear statement of current legal name and how long it has been in use

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

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

5. Previous Name Changes: Declaration of any previous name changes and their details

6. Legal Declaration: Statement that the name change is not for fraudulent purposes and that all information provided is true and correct

7. Oath/Affirmation: Formal swearing or affirmation that the contents are true

8. Commissioner of Oaths Section: Space for the Commissioner of Oaths to sign and stamp the affidavit

What sections are optional to include in a Name Change Affidavit?

1. Spousal Consent: Required if the deponent is married and the name change affects married surnames

2. Parental Consent: Required if the name change involves a minor child

3. Professional Status Declaration: Required if the person holds professional registrations or licenses that will be affected by the name change

4. Criminal Record Declaration: Optional section declaring any criminal record or confirming no criminal record, may be required in certain jurisdictions

What schedules should be included in a Name Change Affidavit?

1. Annexure A - Identity Document: Certified copy of the deponent's identity document or passport

2. Annexure B - Birth Certificate: Certified copy of birth certificate

3. Annexure C - Marriage Certificate: If applicable, certified copy of marriage certificate

4. Annexure D - Supporting Documents: Any additional documents supporting the reason for name change (e.g., divorce decree, proof of customary name change, newspaper advertisements)

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

Jurisdiction

South Africa

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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