PRETORIA, South Africa – South Africa’s Constitutional Court has struck down a law that prevented men from adopting their wives’ surnames, declaring the restriction unconstitutional and discriminatory.
The ruling followed a petition by two couples — Henry van der Merwe and Jana Jordaan, as well as Andreas Nicolas Bornman and Jess Donnelly — who argued that the ban entrenched patriarchal stereotypes and violated equality rights guaranteed in the post-apartheid constitution.
Van der Merwe had been barred from assuming his wife’s surname, while Bornman was denied the right to hyphenate his surname to include “Donnelly.”
The country’s apex court ruled that provisions of the Births and Deaths Registration Act and its regulations discriminated against men by limiting a choice readily available to women.
Parliament has now been ordered to amend the legislation to align with the ruling.
“The law perpetuates harmful gender stereotypes by suggesting that only women may adopt their spouses’ surnames. This undermines the constitutional principle of equality,” the judgment stated.
The ruling upholds a previous decision by the High Court, which had already sided with the petitioners.
The Free State Society of Advocates supported the case, arguing that the restrictions reinforced archaic gender roles and failed to reflect the evolving social and cultural realities of modern South Africa.
Notably, the ministers of Home Affairs and Justice — Leon Schreiber and Mamoloko Kubayi — did not oppose the application, signaling broad institutional support for reform.
The judgment has been hailed as a milestone for gender equality in South Africa, where surname conventions have historically followed patriarchal norms.
By affirming men’s right to assume or share their wives’ surnames, the court expanded individual choice and reaffirmed the constitutional commitment to dismantling discriminatory practices.
“This ruling not only affirms equality in marriage but also challenges the deeply rooted cultural assumption that women alone should change their identity,” said legal experts following the decision.
