Ogona Anita
South Africa’s Constitutional Court has struck down a law that prevented men from adopting their wives’ surnames after marriage, calling it discriminatory and a leftover from colonial rule.
The ruling came after two couples challenged the Births and Deaths Registration Act, which only permitted women to take their husbands’ surnames.
The court found this practice unconstitutional, reinforcing the country’s commitment to gender equality.
This custom also came into existence as a result of legislation that was introduced by countries that colonised African countries south of the Sahara,” the court stated.
It described the law as a “colonial import” that did not reflect indigenous African traditions, where women often kept their birth names and children took their mother’s clan name.
One of the petitioners, Henry van der Merwe, had been denied the right to adopt his wife Jana Jordaan’s surname
Another man, Andreas Nicolas Bornman, was barred from hyphenating his name to include his wife’s, Jess Donnelly-Bornman.
Although a lower court had previously ruled in their favour, the couples sought confirmation from the highest court.
The Constitutional Court agreed, stating the current law “perpetuated harmful stereotypes” and limited men’s choices
Neither the Minister of Home Affairs, Leon Schreiber, nor the Minister of Justice and Constitutional Development, Mamoloko Kubayi, opposed the ruling. Both acknowledged the law’s outdated nature.
The Free State Society of Advocates also supported the case, arguing that denying men the same naming rights as women reinforced patriarchal norms.
Parliament will now need to amend the Act and its accompanying regulations to align with the ruling.
