South Africa’s highest court has ruled that men can now take their wife’s surname. This decision overturns a law that previously barred husbands from doing so.
The case was brought by two couples. Henry van der Merwe wanted to take his wife Jana Jordaan’s surname. Andreas Nicolas Bornman sought to hyphenate his surname to include his wife Jess Donnelly-Bornman’s surname. Both were denied under the old law.
The couples argued that the law was outdated, patriarchal, and violated their constitutional rights. They first won in the High Court. Later, they asked the Constitutional Court to confirm the ruling.
The Constitutional Court agreed. It said the law was discriminatory. By restricting men’s choices, it reinforced harmful gender stereotypes.
The Free State Society of Advocates supported the couples. They said men should have the same rights as women when it comes to surnames.
Neither the Minister of Home Affairs, Leon Schreiber, nor the Minister of Justice, Mamoloko Kubayi, opposed the case.
Following the ruling, Parliament must amend the Births and Deaths Registration Act and its regulations. This will allow men to take their spouse’s surname or hyphenate it legally.
Experts say the ruling is a major step for gender equality. It allows couples to make personal choices about surnames. The decision also aligns with South Africa’s constitution, which protects equality and freedom from discrimination.
This historic ruling challenges traditional norms. It ensures that surname rights are based on personal choice, not outdated patriarchal laws.
