14 Jul 2021

The Minister of Nationality, Immigration and Gender Affairs, Ms Annah Mokgethi, has asked Parliament  to repeal and re-enact with amendments the Change of Names Act. 

In her presentation on Tuesday, Ms Mokgethi said the bill sought to change the name of the act to Change of Surname Act so that it resonated with the long title, which provided that the act restricted and regulated the right of any person to assume another surname. 

She said Clause 3 of the bill provided for the appointment of the Registrar of Surnames.

Clause 4 of the bill provides for the restrictions to Change of Surname and further provides that the person is only entitled to change surname twice under the act with the authority of the registrar. 

Furthermore, a third or any further change of surname shall be authorised by the minister. 

Other changes to the act include enabling a person, after marriage, to assume a new surname comprising their maiden surname and that of their husband without having to go through the act. 

The change also includes increment of fines.

In his comments, MP for Boteti West, also Vice President, Mr Slumber Tsogwane supported the proposed amendments saying the bill addressed numerous anomalies pertaining to change of surnames.

Molepolole South MP, Mr Kabo Morwaeng, was also for the proposed amendments arguing that such would assist in solving day to day challenges that people went through regarding surnames.

Mr Morwaeng argued that Batswana were disturbed by lack of legal instruments that supported them in the quest to change surnames.

Lentsweletau-Mmopane MP, Ms Nnaniki Makwinja also supported the bill saying it was important that issues that Batswana were battlling with were addressed.

Francistown South MP, Mr Wynter Mmolotsi suggested that the bill should seek to include change of surname to the existing act.

Mr Mmolotsi also proposed that people should be able to change their surnames as many times as their situations dictated, without the minister’s consent, in the event that they got married more than thrice.

He was also of the view that men should be able to change their surnames to those of their spouses.

He, however, welcomed the provision for double barrel surnames proposed in the new act.

Sefhare-Ramokgonami legislator, Dr Kesitegile Gobotswang and Maun East MP, Mr Goretetse Kekgonegile argued that the bill was not a priority and were of the view that the proposed amendments were insignificant to the prevailing status quo. 

Mr Kekgonegile complained about costs associated with change of surnames and that the registrar of surnames should be empowered to allow change to more than four times, adding ministers were involved too early in the process.

Maun West MP, Mr Dumelang Saleshando also concurred with others that the bits and pieces of laws brought before Parliament were not a priority.

He said the Change of Surname Bill brought more serious confusion to the births and deaths registration, something he said should be looked into. 

He said the bill was also trampling on rights of unmarried men as children born out of wedlock, now assumed names of their step-parents.

He further complained that Batswana were awaiting ‘serious’ bills such as those that empowered Batswana and other progressive developments to do with power, COVID-19 vaccines and bringing about solutions to other problems that came along with State of Public Emergency.

MP for Takatokwane, Mr Tshoganetso Leuwe and Mochudi East MP, Mr Mabuse Pule welcomed the bill stating that there were lots of cases pending regarding change of surnames because there was no piece of legislation addressing such, while Kgalagadi North MP, Ms Talita Monnakgotla suggested that there should be application of change of surnames online.

Mahalapye West MP, Mr David Tshere said there should be a clause that biological fathers be informed about minors who were born out of wedlock, should their mothers get married.

He argued that the fact that the current birth certificate bore their biological fathers’ surnames, were for a reason, hence such should be addressed.

He also argued that the proposed bill was not silent about change of surnames without advancing reasons of marriage and praised the idea of double barrel proposed in the new act, which he said was important for those willing to retain their identity.

Boteti East MP, Mr Sethomo Lelatisitswe said all bills brought to Parliament were important as long as they proposed amendments that addressed challenges that troubled Batswana, especially those to do with their identity.

He said the bill was modernised in the sense that maiden names would now be officially allowed.

Francistown East MP, Mr Buti Billy also supported the bill stating that change of surname was such a big deal, especially to people who had been previously married.

He also argued that there should be no limit to change of surnames, saying what should be addressed in the proposed bill should be the reasons advanced surrounding change of surname.

MP for Tlokweng, Mr Thulagano Segokgo also supported the bill with a view that issues pertaining to change of surnames were personal and should be respected and varied with situations that people found themselves in.

Mr Segokgo and Shashe West MP, Mr Fidelis Molao expressed disappointment regarding lack of seriousness of some opposition MPs who demeaned the proposed bill as insignificant. 

MP for GoodHope-Mabule, Mr Eric Molale stated that the bill was good in addressing gaps to do with vital registration. Ends