Man with ‘cursed name’ sues Reg­is­trar-Gen­eral Mud­ede

Chronicle (Zimbabwe) - - Front Page - Mashudu Net­sianda

A BU­L­AWAYO man who is ashamed of his “un­lucky” name has taken the Reg­is­trar-Gen­eral of Births and Deaths, Mr Tobaiwa Mud­ede to court for al­legedly re­fus­ing to is­sue him with a new birth cer­tifi­cate bear­ing a new first name.

Mr Bayanai Tshuma whose name means ‘stab each other’ in Shona, through his lawyer, Mr Job Sibanda, on Thurs­day filed an ap­pli­ca­tion at the Bu­l­awayo High Court cit­ing Mr Mud­ede as the re­spon­dent.

Mr Tshuma, who is based in South Africa, said as a re­sult of the “cursed” name, he con­tin­u­ously suf­fered bad luck and wants his name changed to Nor­man.

He said he was born on Jan­uary 7 in 1963 at Mpilo Cen­tral Hospi­tal and his birth was reg­is­tered at the Bu­l­awayo reg­istry of­fices on Novem­ber 22 in 1969 un­der the name Bayanai.

In his found­ing af­fi­davit, Mr Tshuma is seek­ing an or­der com­pelling Mr Mud­ede to is­sue him with a new birth cer­tifi­cate bear­ing his new name.

“I have, over the last few years, been to the pro­vin­cial reg­is­trar’s of­fices in Bu­l­awayo in an ef­fort to ap­ply for change of fore­name,” he said.

Mr Tshuma said he went to the same of­fice three times and was ad­vised that the change of name will only be pos­si­ble if he en­gaged the ser­vices of a lawyer, which he later did.

He said two years ago, his lawyer wrote to the Reg­is­trar-Gen­eral’s Of­fice in­di­cat­ing that ac­cord­ing to sec­tion 18(2) (a) of the Births and Deaths Reg­is­tra­tions Act, one can change their name.

Mr Tshuma said the lawyers asked the Reg­is­trar Gen­eral’s Of­fice to as­sist him, but the of­fi­cials ad­vised him against chang­ing his first name at the age of 50 years, say­ing that would cause a lot of in­con­ve­nience, as his prop­er­ties were reg­is­tered un­der the old name.

“The re­spon­dent and his of­fice are mis­taken in their in­ter­pre­ta­tion of the law. The reg­is­trar said I’m too old to change my name. I there­fore seek an or­der com­pelling the re­spon­dent to is­sue me, upon pay­ment of the statu­tory fee and lodg­ing the ap­pro­pri­ate form, with a new birth cer­tifi­cate re­flect­ing my new fore­name,” said Mr Tshuma.

In 2013, Mr Tshuma ob­tained a High Court or­der com­pelling the Reg­is­trar-Gen­eral of Births and Deaths to is­sue him with an amended birth cer­tifi­cate. How­ever, when he went to the Bu­l­awayo reg­istry of­fices, he said that he was at­tended to by a lady who told him that she was send­ing his file to Harare for amend­ments to be made.

“A few weeks later, I went back to the pro­vin­cial reg­istry of­fices to find out if the amend­ment had been made and the pro­vin­cial reg­is­trar told me that the Reg­is­trar-Gen­eral had re­fused to make the amend­ments,” he said.

Mr Mud­ede has not yet re­sponded.

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