South Africa’s Court Rules Husbands Can Now Take Wives’ Surnames

South Africa's highest court has ruled that husbands can take the surname of their wives, overturning a law that barred them from doing so.

In a victory for two couples who brought the case, the Constitutional Court ruled that the law amounted to gender-based discrimination.

Henry van der Merwe was denied the right to take the surname of his wife Jana Jordaan, while Andreas Nicolas Bornman could not hyphenate his surname to include Donnelly, the surname of his wife, Jess Donnelly-Bornman, reports the public broadcaster, SABC.

Parliament will now have to amend the Births and Deaths Registration Act, along with its regulations, for the ruling to take effect.

The two couples had argued that the law was archaic and patriarchal, and violated equality rights enshrined in the constitution that South Africa adopted at the end of white-minority rule.

They successfully challenged the law in a lower court, but asked the highest court to confirm its ruling.

BY BBC.

South Africa’s Constitutional Court ruling is more than a legal technicality. it represents a cultural shift.

For decades, the Births and Deaths Registration Act only allowed women to change their surnames after marriage, reflecting a system built on patriarchal norms. By declaring the law unconstitutional, the court emphasized that marriage should be based on equality, allowing both men and women the freedom to choose a surname that represents their union.

The decision not only validates the struggles of couples like Henry van der Merwe and Jana Jordaan, but also sets a precedent for dismantling archaic laws that limit personal identity. Parliament will now be tasked with updating the Act, a process that could spark national debate about gender roles, tradition, and equality in modern South Africa.