In a landmark decision, South Africa's Constitutional Court has ruled that men can take their wives' surnames, overturning a law that barred them from doing so. This ruling came about as a victory for two couples who challenged the law, stating it was a form of gender-based discrimination.
Henry van der Merwe was denied the right to take the surname of his wife, Jana Jordaan, while Andreas Nicolas Bornman found himself unable to hyphenate his surname with that of his wife, Jess Donnelly-Bornman. The court's decision highlighted that the previous law was patriarchal and an infringement on the equality rights established in South Africa's post-apartheid constitution.
For the ruling to take effect officially, Parliament must amend the Births and Deaths Registration Act along with its regulations. The couples argued their case successfully at a lower court, leading them to seek confirmation from the highest court.
This ruling marks a significant step in challenging traditional gender roles within marriage in South Africa, paving the way for more equitable naming practices among couples.
