How to Change your Name in South Africa

The foremost marker of an individual’s identity is his/her name. This is how he/she is known both in the personal as well as public sphere. And so when one wishes to alter a part of his/her identity or add on to it like in case of marriage, a change of name is a logical consequence. However different countries have different rules governing change of name. If you live in South Africa and are contemplating a name change here is how you can go about it.

The legal system of South Africa follows a mix of common law and civil Roman Dutch law. For this reason an official change of name is not as complex as countries like Philippines and Switzerland which require strict government approval but at the same time some form of official application is involved unlike societies like UK which are completely based upon common law.

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The Births and Deaths Registration Act of South Africa governs the process of change of name in the country. Personal information about all its citizens and residents, including names are recorded in the National Population Register which is why name changes need to be updated here. In order to apply for a change of name, whether first name or surname, in South Africa you must be at least sixteen years of age. You can request for a name change if you want to:
 

• Use your spouse’s surname upon marriage
• Revert to your maiden name or previous surname that you legally bore
• Join your surname with that of your spouse as a double-barrelled surname
• Want to use your biological or step parents’ surname
• Want to add, remove or change your forenames for any other justifiable reason.

What to do

In order to change your name in South Africa, you will have to get in touch with your nearest Home Affairs Office. If you are living abroad, you will need to contact the South African mission or Embassy at the place where you are staying. From the office, you will have to pick up three forms, the BI-196 for change of surname of majors, BI-85 for application for alteration of forename and BI-9 for Application for identity document¹. All these forms are available at any regional or district office of the Department of Home Affairs. But due to certain specifications and requirements regarding the processing of these forms, you may not be able to download them for use as an application or registration form.



Once you complete the three forms, you have to submit them along with two photographs for the issuing of a new ID book as well as an identity document that bears the applicant’s current name (s) and surname. If you are applying for a change in surname, you have to give sufficient reasons for the same in writing.

In South Africa, the civil law allows change of name for minors also but the conditions and requirements are different. In case an individual is less than sixteen years, his/her name can be changed under the following circumstances:
 

• If the child’s mother is married to a person who is not the biological father of the child and wishes to change her child’s surname to that of her husband.
• If the mother, after her divorce from, or the death of her husband - who is also the father of the child - wishes to change her child's surname to her maiden surname or to another surname she bears legally; or if she has remarried, to the surname of her new husband.
• If the child is born out of wedlock but registered under the biological father's surname and the mother wishes to change the child's surname to hers.
• If the minor is under the care of a guardian and the guardian wishes to change the child's surname to his/hers.

If you are the mother and wish to change your child’s name, you are required by law to get the written consent of the biological father if the child was born in wedlock, unless the court grants a ruling overriding this requirement. On the other hand, if you want your child to use the surname of your husband, who is not the biological father of the child, you must also get written consent from your husband. However if you are the legal guardian of the child and wish to change his/her name, you have to acquire the written consent of both biological parents, including sufficient reasons, in writing, for the change.

In case of the change of name of a minor, the form to complete is BI-193 which you can get from the Office of the Department of Home Affairs. However along with completing this form, you may need to submit several kinds of documents depending on your relationship with the child whose name you wish to change and your current marital status. For instance if you are if your child is born out of wedlock and you have married a person other than your child's biological father and you wish to change the child’s surname to your husband, you must bring an affidavit from the stepfather to assume his surname and marriage certificate apart from completing the necessary form. Then again if you, after your divorce from or the death of your husband (father of child), wish to change your child's surname to your maiden surname or to another surname you bore legally, or if you have remarried, to the surname of your new husband, you must not only complete form DHA -193 but also submit the divorce decree if applicable, the father’s consent (if alive)  or copy of death certificate (if deceased), the stepfather’s consent and proof of your marriage. On the other hand if you are the guardian of the child whose name you wish to change, you will have to attach proof of guardianship while submitting the completed form for change of name. Further details of necessary documentation is available at the South African government website².

Cost

In case of an adult, the application for change of surname will cost you R325 whereas alteration of forenames will cost you R140. For a new ID, you need to pay R140 while for a duplicate confirmation of change of surname or forename, you will have to shell out R70. The cost of change of name in case of a minor is relatively low at R70.

Time required for change of name

In case of change of name for minor the process can take between four to six weeks. However for an adult the name change process is longer and Applications may take between three and four months to be completely processed including issuing of new ID book.

Reference:

1. South Africa Government Services - Change name of major