South Africa rules law banning a husband from taking wife’s family name is unconstitutional
The decision was met with mixed reactions
South Africa's Constitutional Court has declared an apartheid-era law unconstitutional, which had previously barred husbands from adopting their wives' surnames or hyphenating them.
The landmark ruling, delivered on Thursday, mandates an amendment to existing legislation, thereby paving the way for men to legally take their spouse's last name if they wish.
The decision has ignited a mixed and often heated debate across social media platforms. While some have lauded it as a progressive step for Africa's leading democracy, others have vehemently criticised it as a departure from the nation's established culture and traditions.
The top court gave South African lawmakers and President Cyril Ramaphosa two years to amend the legislation. The current law — known as the Births and Deaths Registration Act of 1992 — only allows a woman to change her family name when her marital status changes.
The decision was the outcome of a 2024 case brought by two couples who sued the Department of Home Affairs for gender discrimination. Andreas Nicolaas Bornman and Jess Donnelly-Bornman wanted both to have their family names hyphenated while Henry van der Merwe wanted to take his wife Jana Jordaan's family name.
A lower court ruled last September that the current law was unconstitutional and amounted to gender discrimination. The Constitutional Court on Thursday upheld that decision, with Justice Loena Theron saying the existing law was unfair and discriminated “based on gender."
Some social media users said the ruling could help preserve rare family names. Others were less impressed, claiming it would erase traditional customs. One user said on X that the ruling is intended to “destroy the norms and values” of Black Indigenous Africans.
South Africa was the first on the continent to legalize same-sex marriage in 2006, with both partners free to chose their surname after the marriage.
The government also recognizes polygamous marriages, in which men can take multiple wives according to their ethnic group’s customs.