WATCH: ConCourt rules men may assume their wives’ surname

Published on


Add Smile FM on Google

 

The Constitutional Court has given Parliament 24 months to review the Births and Deaths Registration Act, following a landmark ruling that allows husbands to legally take their wives’ surnames.

 

The judgment is seen as a major step towards gender equality and freedom of choice in South Africa.

 

Concourt Judge Leona Theron explains why the court struck down parts of the Act as unconstitutional:

 

“This court considers that this practice is largely a colonial import, rooted in patriarchal norms, where women were seen as legally inferior to their husbands and expected to assume their identity.”

 

WATCH the full judgment below:

 

 

Summary of the Judgment

 

The case challenged section 26(1)(a)-(c) of the Births and Deaths Registration Act (1992), which only allowed women to change their surnames after marriage (e.g., to assume, resume, or add a surname).

 

Men were excluded from these provisions, meaning husbands could not assume their wives’ surnames.

 

Court’s Findings

 

The Court, in a unanimous judgment by Theron J, held that the provisions:

 

  • Unfairly discriminate on the basis of gender, violating section 9(1) and 9(3) of the Constitution (equality).
  • Undermine dignity by restricting personal and family identity choices (section 10).
  • Perpetuate patriarchal and colonial norms that place men’s surnames above women’s.
  • The state conceded that the law was outdated, patriarchal, and unconstitutional.

 

Order

 

  • The Court confirmed the High Court’s declaration of invalidity.
  • Section 26(1)(a)-(c) is declared unconstitutional to the extent that it excludes men from assuming or resuming surnames in the same way women can.
  • The invalidity is suspended for 24 months to allow Parliament to amend or replace the legislation.
  • In the interim, a reading-in remedy applies:

 

  1. Men (married, divorced, or widowed) have the same rights as women to assume, resume, or add surnames after marriage.
  2. The provisions must be applied in gender-neutral terms.
  3. If Parliament fails to act within 24 months, the interim remedy remains in force.
  4. The Minister of Home Affairs must pay the applicants’ legal costs.

 

READ THE FULL JUDGMENT HERE.

Latest articles

Erasmus names Bok team for Cape Town All Blacks clash

 Springbok utility forward Pieter-Steph du Toit will earn his 100th Test cap when the Springboks face New Zealand in Cape Town on Saturday. Prop Ox...

UPDATE: Two arrests following murder of former Knysna mayor Aubrey Tsengwa

 Western Cape serious violent crime unit detectives have arrested two suspects on charges of conspiracy to commit murder, following the killing of Knysna councillor...

Pressure on the Springboks as Rugby’s Greatest Rivalry moves to Cape Town

 Springbok coach Rassie Erasmus says his team has been in difficult positions before and knows exactly what is required to keep the Rugby Championship...