The centuries old tradition of wives taking their husband’s surname upon marriage is no longer way to go when couples tie the knot.

Now, South African husbands are permitted to use their wife’s family name, if they prefer.

That direction was confirmed at Constitutional Court in Bloemfontein by Judge Leona Theron on Thursday. 

Theron declared that the Births and Deaths Registration Act, 51 of 1992, was declared unconstitutional because it unfairly discriminated on the grounds of gender.

The case stems from a constitutional challenge brought by two couples: Jana Jordaan and Henry van der Merwe, and Jess Donnelly-Bornman and Andreas Nicolaas Bornman.

Van der Merwe was denied the right to adopt his wife’s surname, while Bornman was not allowed to hyphenate his surname to include his wife’s. The couples argued that these restrictions were based on outdated gender roles and violate the Constitution’s guarantee of equality.

The Bloemfontein High Court previously ruled in their favor, declaring the provisions unconstitutional and directing Home Affairs to correct affected records. The Constitutional Court has now confirmed that ruling.

The Department of Home Affairs was ordered to pay the applicants’ legal costs, including the costs of two counsel.

Ministers of Home Affairs Leon Schreiber and of Justice and Constitutional Development Mamoloko Kubayi did not oppose the application, leaving the Constitutional Court to weigh constitutional rights against legislative and administrative practices.

simon.majadibodu@iol.co.za

IOL News

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