BY: Saneliso Mlambo
In a groundbreaking case, two South African husbands have taken their fight to the Constitutional Court (ConCourt) to challenge the current legal framework that prevents men from adopting their wives’ surnames after marriage.
The case stems from provisions in the Births and Deaths Registration Act, which traditionally allows only women to take their husband’s surname upon marriage.
The couples argue that this practice is discriminatory and violates the constitutional principles of gender equality. In September 2024, the Bloemfontein High Court ruled in favor of the husbands, declaring that the law as it stands is unconstitutional.
The court emphasized that this law perpetuates outdated gender norms and violates personal choice and equality rights.
The Free State Society of Advocates, joining as amici curiae, supported the argument, stating that the law unfairly discriminates against men by denying them the same rights afforded to women when it comes to choosing a surname after marriage.
The Constitutional Court’s decision on this case is eagerly awaited, as it has the potential to reshape South Africa’s legal stance on marital surnames, offering husbands the legal right to take their wives’ surnames if they so choose.
This decision will have significant implications for gender equality and individual rights in the country.