By Enyichukwu Enemanna
Constitutional Court in South Africa has ruled that husbands are at liberty to take up their wives’ surnames, advancing the campaign for gender equality.
The Constitutional Court affirms a ruling of the Free State High Court in September 2024 that men could indeed adopt their wives’ surname.
The judgement last year follows an application brought before the court by two couples after the Home Affairs Department refused to register their surnames.
But the High Court ruled at the time that Section 26(1)a to c of the Births and Deaths Registration Act is unconstitutional, marking a major setback to patriarchy and ensuring gender equality.
But less than one year after, the Constitutional Court Judge, Leona Theron upholds the ruling of the High Court.
During the court proceedings on Thursday, Theron ruled that Section 26(1)(a)–(c) of the Births and Deaths Registration Act is declared unconstitutional, to the extent that it violates sections 9(1) and 9(3) of the Constitution.
She adds that this unfairly discriminates on the basis of gender, by failing to provide for a man to apply to change his surname following a change in his marital status.
The judgment marks a major step toward gender equality, overturning outdated legal barriers that previously made the process difficult for men.
