South Africa’s Constitutional Court has ruled that provisions in the Births and Deaths Registration Act, which prevented men from adopting their wives’ surnames after marriage are unconstitutional. The judgment follows legal challenges brought by two couples who were denied the option for the husband to take the wife’s surname or to hyphenate both surnames.
The court found that the existing law violated constitutional rights to equality and dignity by reinforcing gender-based distinctions in marital name changes. Under current legislation, only women were explicitly permitted to change their surnames upon marriage, while men faced administrative barriers and legal rejection.
Justice Jody Kollapen, delivering the court’s opinion, noted that the law reflected colonial and apartheid-era assumptions about gender roles and family structures. He emphasized that many African cultural traditions allow women to retain their birth names and children to take their mother’s clan name, practices not accommodated by the current legal framework.
The court suspended the relevant sections of the law and granted Parliament two years to revise the legislation to ensure equal treatment for all individuals, regardless of gender. The ruling does not immediately change the law but sets a constitutional precedent requiring reform.
This decision is expected to influence future administrative practices and legislative amendments concerning identity documentation and marital rights in South Africa.
