Top Court Rules Men Can Take Wives’ Surnames in South Africa

South Africa’s Constitutional Court has overturned a law that stopped men from taking their wives’ surnames, calling it a discriminatory legacy of colonial rule.

The challenge was brought by two couples. Henry van der Merwe was prevented from adopting his wife Jana Jordaan’s surname, while Andreas Nicolas Bornman was barred from hyphenating his name with that of his wife, Jess Donnelly-Bornman. Both argued that the law was outdated and reinforced patriarchal norms.

The disputed provision, part of the Births and Deaths Registration Act, was first introduced during the years of white-minority rule. Parliament must now amend the legislation before the ruling takes effect.

In its judgment, the court noted that in many African traditions, women kept their birth names and children often carried their mother’s clan name. These customs, the judges said, were undermined by European colonisers and missionaries who imposed Western values. The court added that although South Africa has made “significant progress” in gender equality, some laws and practices that sustain “harmful stereotypes” remain in place.

Neither the Home Affairs Minister Leon Schreiber nor Justice Minister Mamoloko Kubayi opposed the case, both agreeing that the law was outdated. The Free State Society of Advocates also backed the couples, arguing that denying men the right to use their wives’ surnames entrenched inequality.

The ruling marks another step in South Africa’s ongoing effort to bring its laws in line with the democratic principles of equality and choice established after the end of apartheid.