JOHANNESBURG
The Constitutional Court in South Africa has struck down provisions of the Births and Deaths Registration Act that prevented men from assuming their wives’ surnames, ruling that the law was discriminatory and unconstitutional.
In a unanimous decision delivered on Thursday morning, the apex court declared parts of the Act and its regulations invalid, affirming that the legislation unfairly discriminated against men on the basis of gender.
The case was brought before the court by two couples, Henry van der Merwe and his wife, and Andreas Bornman and his spouse, after both men were denied the right to legally take their wives’ surnames. The Department of Home Affairs had cited the restrictive provisions of the law in rejecting their applications.
The court found that while women were allowed to adopt their husbands’ surnames after marriage, the same choice was denied to men, creating what the justices described as a clear case of gender inequality.
“The law served no legitimate government purpose and entrenched outdated stereotypes,” the court noted in its ruling.
Legal analysts say the judgment marks a significant step in dismantling patriarchal norms embedded in South Africa’s family and identity laws. It also opens the door for greater flexibility in how couples choose to structure their family identities.
The Department of Home Affairs has been ordered to amend its regulations to comply with the ruling, paving the way for husbands to formally register under their wives’ surnames.
