South Africa’s Constitutional Court has struck down a decades-old law preventing men from taking their wives’ surnames, calling it a relic of colonial rule and a violation of gender equality rights.
The landmark ruling comes after two couples — Henry van der Merwe and Jana Jordaan, and Andreas Nicolas Bornman and Jess Donnelly — challenged the Births and Deaths Registration Act, which had barred husbands from adopting or hyphenating their wives’ names. Both men were denied applications to change their surnames, prompting a constitutional challenge.
Court’s Reasoning
In its judgment, the court described the law as a “colonial import” rooted in Roman-Dutch traditions and Western patriarchal norms that were imposed during the era of European colonisation and white-minority rule.
The court noted that in many African cultures prior to colonisation, women often retained their birth names after marriage, and children frequently took their mother’s clan name. These traditions, it said, were eroded by colonial-era laws and missionary influence.
“The custom that a wife takes the husband’s surname was introduced into South African law through Roman-Dutch practices and colonial legislation. Such customs perpetuate gender stereotypes by denying men a choice available to women,” the ruling stated.
Government and Legal Support
Neither Home Affairs Minister Leon Schreiber nor Justice Minister Mamoloko Kubayi opposed the application, both agreeing that the law was outdated and discriminatory.
The Free State Society of Advocates, which joined the case in support of the couples, argued that the restriction reinforced harmful stereotypes by making surname changes a one-sided privilege.
Next Steps
Parliament has now been directed to amend the Births and Deaths Registration Act and its regulations to align with the ruling. Until then, the court’s decision will serve as the guiding principle, allowing men the same legal right as women to assume their spouse’s surname.
Broader Implications
Legal analysts say the ruling represents another milestone in South Africa’s post-apartheid journey towards dismantling laws that enshrine inequality. It is expected to influence wider debates about identity, culture, and family law across the region.
“This decision is a significant advancement in gender equality,” the court emphasized, “but much still needs to be done to remove laws and practices that perpetuate harmful stereotypes.”
Source – My News Ghana
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