South Africa's highest court has ruled that husbands can take the surname of their wives, overturning a law that barred them from doing so. In a victory for two couples who brought the case, the Constitutional Court ruled that the law amounted to gender-based discrimination. Henry van der Merwe was denied the right to take the surname of his wife Jana Jordaan, while Andreas Nicolas Bornman could not hyphenate his surname to include Donnelly, the surname of his wife, Jess Donnelly-Bornman, reports the public broadcaster, SABC. Parliament will now have to amend the Births and Deaths Registration Act, along with its regulations, for the ruling to take effect. The two couples had argued that the law was archaic and patriarchal and violated equality rights enshrined in the constitution that South Africa adopted at the end of white-minority rule. They successfully challenged the law in a lower court but asked the highest court to confirm its ruling.
Landmark Ruling in South Africa: Men Granted Right to Adopt Wives' Surnames
Landmark Ruling in South Africa: Men Granted Right to Adopt Wives' Surnames
In a significant ruling, South Africa's highest court grants husbands the right to take their wives' surnames, reversing an outdated law that favored traditional practices.
The Constitutional Court of South Africa has ruled that husbands can now take their wives' surnames, a decision that marks a pivotal victory for gender equality. This ruling comes after two couples challenged the previous law that resulted in gender-based discrimination. The court's decision highlights a modern shift in marriage norms as Parliament prepares to amend existing legislation.
