- South Africa’s Constitutional Court rules that husbands can legally take their wives’ surnames.
- The law was deemed discriminatory and unconstitutional.
- Two couples successfully challenged the restriction, citing gender inequality.
- Parliament must now amend the Births and Deaths Registration Act.
- Legal bodies and government ministries supported the challenge.
- The ruling affirms personal autonomy and dismantles patriarchal naming norms.
In a landmark ruling, South Africa’s Constitutional Court has struck down a law that barred husbands from adopting their wives’ surnames — declaring it unconstitutional and discriminatory.
The decision follows a legal challenge brought by two couples who argued that the law violated gender equality rights enshrined in South Africa’s post-apartheid constitution. The court agreed, stating that the restriction unfairly denied men a choice that women have long been afforded.
The case centered on Henry van der Merwe and Andreas Nicolas Bornman, both of whom were blocked from legally assuming their wives’ surnames. Van der Merwe sought to take the surname Jordaan, while Bornman attempted to hyphenate his name to include Donnelly.
The ruling now compels Parliament to amend the Births and Deaths Registration Act and its regulations to reflect the court’s decision.
The Free State Society of Advocates joined the case in support of the couples, arguing that the law perpetuated outdated stereotypes and undermined personal autonomy. Notably, the Ministers of Home Affairs and Justice did not oppose the application, signaling broad institutional support for reform.
This decision marks a significant step forward in dismantling patriarchal norms embedded in civil law and affirms the right of individuals to define their identities on equal terms.
