LISTEN: ConCourt rules husbands able to take wives’ surnames
The Constitutional Court ruled on Thursday that husbands can legally take their wives' surnames.
The apex court also declared parts of the Births and Deaths Registration Act unconstitutional.
The case was first heard in the Constitutional Court in March, following an earlier ruling by the Free State High Court in September 2024.
The matter was brought forward by two couples.
In one case, Jana Jordaan and Henry van der Merwe wanted Henry to take Jordaan’s surname as a way to honour her parents, who passed away when she was young.
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However, after their marriage, they were told that the Home Affairs system does not allow men to assume their wives’ surnames.
Justice Lerona Theron said the law unfairly discriminates on the basis of gender.
“By failing to afford a woman the right to have her spouse assume her surname, failing to afford a man the right to assume the surname of the woman after marriage, failing to allow for a married or divorced man or widow to [assume] a surname, which he can board any time."
Theron deemed the section invalid, suspending it for a period of 24 months to enable parliament to remedy the defects.
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