In a landmark decision, South Africa’s Constitutional Court has declared that husbands are free to assume their wives’ surnames, striking down legal provisions that barred them on the grounds of gender based discrimination.
The case was initiated by two couples: Henry van der Merwe, who sought to adopt his wife Jana Jordaan’s surname, and Andreas Nicolas Bornman, who wanted to hyphenate his name with his wife’s, Donnelly. The ruling upheld an earlier High Court judgment in their favour.
Parliament has now been directed to amend the Births and Deaths Registration Act and its regulations to reflect the court’s decision.
Supporting the challenge, the Free State Society of Advocates argued that denying men the option entrenched damaging stereotypes by withholding a choice long available to women. The ministers of home affairs and justice did not contest the application.
