South African Men to Use Wives’ Surnames
South African Men to Use Wives’ Surnames – The Constitutional Court of South Africa has declared key provisions of the Births and Deaths Registration Act unconstitutional, affirming that men may legally assume their wives’ surnames upon marriage.
The judgment, delivered by the apex court on Wednesday, found that Section 26(1)(a) to (c) of the Act unfairly discriminated on the basis of gender.
The current legal framework permitted women to adopt their husbands’ surnames with ease, while imposing restrictive conditions on men wishing to do the same — an inconsistency the Court ruled infringes upon the constitutional rights to equality and dignity.
The case was brought before the Constitutional Court by two couples: Jana Jordaan and Henry Van Der Merwe, and Jess Donnelly-Bornman and Andreas Nicolas Bornman.
Both couples were denied the right for the husbands to take or hyphenate their surnames to reflect their wives’ names — an act permitted for women but unjustly restricted for men under the current statute.
The Free State Division of the High Court had previously ruled in the applicants’ favour, finding the provisions unconstitutional.
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However, as is required in matters concerning constitutional invalidity, the decision was referred to the Constitutional Court for confirmation.
The Court upheld the High Court’s decision and issued a suspended declaration of invalidity for 24 months, allowing Parliament time to amend the legislation appropriately.
In the interim, the Court has granted immediate relief by permitting men to assume their wives’ surnames upon marriage without the limitations previously imposed.
The ruling marks a significant advancement in the pursuit of gender parity within civil and customary marriage practices.
Writing for the Court, the justices emphasised that the impugned sections created an unjust burden on men while reinforcing outdated patriarchal norms — a stance incompatible with the values enshrined in the Constitution.
This judgment paves the way for more inclusive and equitable family naming conventions and highlights the judiciary’s ongoing role in upholding the rights of all South Africans, regardless of gender.
