Atukwa Attorneys

09/07/2025

⚖️ When Burial Becomes a Battlefield: A fresh reminder from the Lungu dispute.

In 2019, we asked: Where should he/she be buried? The question was sparked by the debate over Robert Mugabe’s final resting place. But years later, the same question rages — now on a bigger stage.

Former Zambian President Edgar Lungu’s body lies in legal limbo. His family wants a private burial in South Africa. The Zambian government insists on a state funeral in Lusaka, per national law. On the day of the scheduled burial, the Pretoria High Court issued an order by consent in terms of which both parties agreed to have the burial halted pending the full hearing on August 4, 2025.

It’s a now-familiar script: grief meets power, tradition clashes with personal choice, and the courts are called in to referee the final farewell.

We’ve seen it at home too.

When socialite Moana Amuli tragically died in 2020, her divorced parents went to court over whether she should be buried under Islamic or Christian rites. The High Court ruled in favour of her father and burial proceeded under Islamic customs.

These disputes reveal the fragile mix of several issues. At the fore , is the fact that the wishes of the deceased are not binding, but
persuasive.

Legal guardianship and cultural identity are also a consideration when arriving at a decision regarding one's final resting place where there is a dispute.The unavoidable influence of politics, religion, and ego has to be considered too.

What is clear is that the law won’t settle your family’s internal war, but clear planning might.

📌 Revisit our original article:

burial cemetery Where should he /she be buried?: Legal issues surrounding burial rights unpacked Post author:admin Post published:September 13, 2019 Post category:Law / Rights Post comments:0 Comments Where should he /she be buried?: Legal issues surrounding burial rights unpacked The mainstream and...

01/10/2021

We are pleased to announce the opening of our new branch in Rusape,Manicaland, Zimbabwe. We glorify God for this milestone!!!

03/12/2020

Join us tonight on Capitalk 100.4 FM from 6-7pm. Dorcas Atukwa and Rumbidzai Venge, the legal bae, will be discussing issues on sexual harassment in the workplace.

24/11/2020

Moana aka Michelle Amuli's burial has been delayed due to a dispute between the deceased's parents. The parents are not agreed over the place where the deceased's remains should be interred. Whilst we await judgment on the matter, kindly go through our article so that you are enlightened on issues pertaining to burial rights.http://atukwaattorneys.co.zw/where-should-he-she-be-buried-legal-issues-surrounding-burial-rights-unpacked/

07/10/2020

Kindly join us today at 11: 40am on "Kubatsirana" a Capitalk 100.4 FM radio programme. We shall be discussing sexual harassment in the context of domestic workers' employment relations.

15/07/2020

Lockdown diaries...

13/07/2020

Join us tonight as we discuss the purchase and transfer of immovable property in Zimbabwe. We will also hold a discussion on potential pitfalls that are common in immovable property transactions. Kindly tune from 7pm to 8pm. For more information on the topic please visit our website https://bit.ly/2DzEcZv

05/06/2020

04/05/2020

The Judiciary Service Commission has issued directions of how courts will operate under level 2 lockdown period. In a statement the JSC said those remanded i

12/04/2020

The national lockdown has raised a lot of questions that impact on workplace relations. As long as the employment contract is subsisting, employers should uphold fair labour practices. Payment of a worker's salary constitutes a fair labour standard. Visit our website for a discussion on whether or not employers are obliged to pay salaries that accrue over the lockdown -

to pay or not salaries Payment or Non-Payment of Salaries:- Labour issues arising from COVID-19 lockdown admin April 10, 2020 Corporate / Labour / Law 0 Comments Payment or non-payment of salaries: Labour issues arising from COVID-19 lockdown In a bid to curb the spread of COVID 19, the government o...

28/02/2020

CAN A PROBATION PERIOD BE EXTENDED?
Probation is a widely utilized procedure when employers decide to recruit. It is therefore critical that both the employer and employee understand the rights and obligations attached to the contract of probation. There are a lot of issues to be demystified in respect of the probation contact. The issues surrounding termination of the probation period, employee performance assessment and the duration of the probation contract ought to be looked into. The following questions often arise:-
• What is a probation period?
• Can my probation contract be extended?
• What is the effect of having my probation contract
extended?
• What will ensue after the probation period has expired?

For an indepth understanding of the issues posed by these questions, kindly visit http://atukwaattorneys.co.zw/can-a-probation-contract-be-extended/

30/01/2020

CHANGING ONE’S SURNAME IN ZIMBABWE

“What's in a name? That which we call a rose by any other name would smell as sweet” is a popular quote from William Shakespear’s Romeo and Juliet play. The quote is generally used to indicate that the names of things do not affect the nature and the character of those things. Notwithstanding this quote, people often desire to change their names. There is a plethora of reasons which trigger change of surnames and names generally. These include but are not limited to ease of migration with minors, general dislike of the name and its meaning, religious reasons and instances where a minor’s paternity is ascertained. This list is however not exhaustive as the reasons vary from person to person.

Changing one’s surname can prove to be a mammoth task when one is ignorant of how to navigate the legal turf let alone tackle the seemingly menacing Registrar General’s office. Oftentimes women are faced with a hurdle when they set out to change their minor children’s surnames. The frustrations associated with the denial to change a minor’s surname cannot be overemphasized. This article shall outline the procedures attendant to change of surnames in Zimbabwe.

Procedure for change of surname
In terms of section 18(3) of the Births and Deaths Registration Act (Chapter 5:02), registration of change of surname in the Registrar-General’s register is effected upon application by the concerned person and payment of the prescribed fees. Further, the Registrar- General has to be satisfied that a notarial deed of change of name has been duly registered with the Deeds Registry and that the change of surname has been advertised in the Gazette.

The procedural requirements for an adult’s name change and that of a minor are the same except that a minor’s application is made by a responsible person. It is common cause that minors execute their rights and obligations through their legal guardians.

It is important to state that the Act defines a responsible parent as the mother in circumstances where the father of the minor is dead, or the mother has been given custody by virtue of operation of law, or if the child is born out of wedlock. The father is also considered as a responsible parent in any other case falling outside these specifically mentioned circumstances.

Death of a minor’s father and instances where there is a court order for custody need no further clarification. However, it is critical to explain who qualifies to be termed as a child born out of wedlock. A child who is born out of wedlock is one who is born of parents who were not married to each other at the time of his conception and have not subsequently married each other.

In order to have a change of a minor’s name registered, the mother ought to make the required application, furnish the Registrar General with a notarial deed of change of name and proof of publication of the notice.

There is a misconception that women ought to secure the consent of a minor’s father when changing the surnames of minors who are born out of wedlock. The mother does not need to obtain the father’s consent when changing that minor’s surname. A customary law marriage accords to a father guardianship rights for customary law purposes only. The procuring and application for changes of information on a birth certificate is not an exercise of a father’s customary law guardianship rights and as such his consent thereto is not needed.

In the case of Rumbidzai Cleo Katedza v Adrian Tulani Chunga and Another HH 50/03 the court held that a mother of a child born out of wedlock does not need to obtain a father’s consent when changing a minor’s name. It was further held that acquisition of a birth certificate, a passport or a visa cannot be regarded as part of customary law or custom relating the status, guardianship and custody of children.

The mother of a child born out of wedlock is the responsible parent who has the right to procure the minor’s birth certificates and apply for change of names to be affected. These are her common law rights.

Notarial deed of change of name
This article will not be complete if we do not outline what a notarial deed is. A notarial deed of change of name is a deed that is attested by a specialised lawyer who is called a Notary Public. The Notary Public prepares the deed setting out that an individual desire to change the surname for good and sufficient reasons. The deed further outlines that the person is renouncing the previous surname and will therefrom be identified by the new surname in all transactions, actions, suits and proceedings and all occasions and dealings.

Prior to filing the deed for registration, it is mandatory that the notice of application for change of the surname is published in both the Government Gazette and a widely read newspaper in the region where the Applicant resides in. For example, if an Applicant resides in Harare, the notice will be published in the Government Gazette and either The Herald or Newsday.

Publication of a legal notice for change of name is essential in order to notify the public of the changes in one’s name and allows for objections if there are lawful reasons thereto. After the expiry of 14 (Fourteen) days from the date of publication, the notarial deed of change of name will be lodged with the Deeds Registry for registration.

Conclusion
From the on-going, it is clear that the change of one’s surname is not a complicated process. One ought to place reliance on the expertise of a notary public and the process smooth flows therefrom.

Disclaimer!
All writers’ opinions are their own and do not constitute legal or professional advice in any way whatsoever. We recommend readers to perform their independent research and/or seek legal advice from legal practitioners. We accept no responsibility for any loss or damage of whatsoever nature which may arise from reliance on any information published herein.