ConCourt To Decide If Men Can Legally Take Their Wives’ Surnames

The Constitutional Court is set to hand down judgment on Thursday at 9:00 am in a case that could reshape marriage-related surname rights in South Africa.

At the heart of the matter is whether Section 26(1)(a) to (c) of the Births and Deaths Registration Act unfairly discriminates against men by not allowing them to assume their wives’ surnames after marriage.

Couples Challenge Discriminatory Law

The case was brought forward by two couples: Jana Jordaan and Henry Van Der Merwe, as well as Jess Donnelly-Bornman and Andreas Nicolas Bornman. Van Der Merwe was denied the right to adopt Jordaan’s surname, while Bornman was refused the ability to hyphenate his surname with Donnelly’s.

Both couples successfully challenged the law in the Free State Division of the High Court earlier this year. However, constitutional invalidity must be confirmed by the apex court before the ruling becomes enforceable.

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If the Constitutional Court confirms the invalidity of the section, the ruling could mark a significant step forward for gender equality in South Africa.

It would legally recognize men’s right to adopt their wives’ surnames, granting couples more freedom and dismantling long-standing gender-based restrictions.

The judgment is expected to set a precedent on how the law interprets equality in marital surname choices.

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