Armorial Bearings, Names, Uniforms and Badges Act
- Commenced on 1 November 1971
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Armorial Bearings, Names, Uniforms and Badges Act [Chapter 10:01].
2. InterpretationIn this Act—“application” means an application referred to in section nine;“armorial bearings of Zimbabwe” means the armorial bearings of the Republic of Zimbabwe as defined in the Schedule;“association” means—(a)an association, club, board, group, body or authority, corporate or unincorporate, formed or established in Zimbabwe for any purpose other than the acquisition or making of a profit for itself or its members, and includes any branch, formed or established in Zimbabwe, of any such association, club, board, group, body or authority formed or established outside Zimbabwe;(b)an institution formed or established in Zimbabwe for the promotion of education, and includes a university, university college, training college, normal college, technical college or school or a union or society of the present or past students or scholars of any such institution;“badge” means any token, design, insignia or emblem other than a heraldic representation;“coat of arms” means any design, object or figure, being a symbolic representation displayed in colours and in conformity with the principles and rules of heraldry, with or without a coronet, helmet, crest, mantling, supporters, motto or other accessories;“heraldic representation” means—(a)a coat of arms; or(b)any heraldic badge, decoration, emblem, insignia, medal, seal or other symbolic representation which is in conformity with the principles and rules of heraldry;“Heraldry Committee” means the Heraldry Committee established by section twenty-three;“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;“name” includes a designation;“objector” means a person who has lodged an objection in terms of section twelve;“Patents Tribunal” means the Patents Tribunal established under the Patents Act [Chapter 26:03];“Register” means the register kept in terms of section eight;“Registrar” means the Registrar referred to in section six;“trade mark” means a mark registered under the Trade Marks Act [Chapter 26:04];“uniform” means any article or articles of wearing apparel and includes a badge or braid worn in association with any particular item or items of clothing, and a tie;“Uniforms Committee” means the Uniforms Committee established by section twenty-four;“use”, in relation to a uniform, badge or heraldic representation, includes wear.
Part II – Armorial bearings of Zimbabwe and certain emblems and titles
3. Protection of armorial bearings, etc.
4. InterdictAny person who contravenes subsection (1) of section three may, notwithstanding any conviction and sentence for such contravention, be restrained by interdict at the suit of any person who has been granted an authority referred to in that subsection from continuing to contravene that subsection.
5. Forfeiture of articlesWhere any person is convicted of a contravention of subsection (1) of section three, the court may order that any articles in respect of or by means of which the offence has been committed shall be forfeited to the State, unless the owner of the articles or any other person who has an interest therein shows cause to the contrary.
Part III – Registrar
6. Appointment of Registrar and other officersFor the purposes of this Act, there shall be—
7. Seal of officeThere shall be a seal of office of the Registrar, which shall be in such form as may be prescribed and impressions thereof made for the purposes of this Act shall be judicially noticed.
Part IV – Names, uniforms, badges and heraldic representations
9. Application for registration
10. Registrar may accept or refuse applicationThe Registrar may, subject to this Act—
11. Registrar to supply reasons for refusal of or qualified acceptance of applicationWhere the Registrar has—
12. Publication of notice of application and deposit of specimen for examination
13. Grant or refusal of registration
14. Registrar to supply reasons for refusal to register or grant of qualified registrationWhere the Registrar has decided to—
15. Registration and issue of certificate and notification of registrationUnless an appeal in terms of section twenty-eight against the decision of the Registrar in terms of section thirteen is made within the time prescribed, the Registrar shall, after the expiry of such period—
16. Qualifications for registration
17. Consent of person whose name appears in name, uniform, badge or heraldic representation proposed to be registeredWhere the name or representation of any person appears in any name, uniform, badge or heraldic representation proposed to be registered the Registrar may, before accepting an application for registration or before granting such registration, demand that there be produced to him the consent of that person or, in the case of a person who has died within six months of the application, the consent of the legal representative of that person, to the proposed registration.
18. Cancellation for non-use
20. Correction and rectificationThe Registrar may, upon payment of the prescribed fee and on the application in the prescribed manner by a person who holds a certificate in respect of any name, uniform, badge or heraldic representation—
21. Application for amendment of registered name, uniform, badge or heraldic representation
22. Applications by aggrieved persons
23. Heraldry Committee
24. Uniforms Committee
25. Where Registrar does not accept advice of Heraldry or Uniforms CommitteeIf the Registrar does not wish to accept or act on the advice of the Heraldry Committee or Uniforms Committee in the case of any particular application—
26. Minister may issue orders
27. Minister may prohibit wearing of certain parts of uniforms worn by members of the Security ForcesThe Minister, on the recommendation of the Uniforms Committee, may, by statutory instrument, declare that any part of a uniform worn by members of the Police Force or the Defence Forces shall not be worn by persons who are not members of any such Force.
28. AppealsAny person who is aggrieved by a decision or requirement of the Registrar in terms of this Act may appeal, within the prescribed period and in the prescribed manner, against such decision or requirement to the Patents Tribunal.
Part V – General
30. EvidenceIn any proceedings under this Act—
31. RegulationsThe Minister may by regulation prescribe all matters which by this Act are required or permitted to be prescribed or which, in his opinion, are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
History of this document
01 November 1971