ConCourt allows men to adopt their wives’ surnames

The Constitutional Court has delivered its judgment on the case seeking to let men adopt their wives’ surnames.

The court ruled that husbands can now take their wives’ surnames.

It also declared a section of the Births and Deaths Registration Act unconstitutional, finding that it discriminates unfairly based on gender.

GENDER EQUALITY CONSIDERED

In its judgment, the Constitutional Court considered the historical practice of women taking their husbands’ surnames after marriage.

Justice Leona Theron, who delivered the ruling, noted that this custom was a colonial import rooted in patriarchal norms that treated women as legally inferior to their husbands. The court emphasised that the issue directly affects the constitutional right to equality.

The Constitutional Court has ordered Parliament to amend the Births and Deaths Registration Act within 24 months. The ruling follows a Free State High Court decision that had already declared parts of the Act unconstitutional.

SOUTH AFRICA REACTS TO CONCOURT RULING

The decision has sparked mixed responses on social media. Some users criticised the ruling, with @KingsDavidKing arguing that judges “don’t care about our culture and traditions.” Others welcomed the judgment, such as @wal73721 who said, “What is wrong with a man taking a wife’s surname? Should be a free choice for everyone.”

@faye_nfk said, “ConCourt rules that husbands are now able to adopt their wives’ surnames in SA. The relevant provisions of the Births & Deaths Registration Act have been declared unconstitutional. The law is truly alive.” Meanwhile, @AvuzwaMhlambiso added, “Oh ConCourt, they can never make me hate you!”