Husbands Can Now Legally Take Wives’ Surnames, Rules South Africa’s ConCourt

The Constitutional Court has ruled that husbands in South Africa can legally take their wives’ surnames. The decision overturns restrictions in the Births and Deaths Registration Act, which had previously prevented husbands from adopting their spouses’ last names.

Gender-Based Discrimination in Law Declared Unconstitutional

The court examined provisions of the Births and Deaths Registration Act and its regulations. On Thursday morning, it declared these parts invalid, stating that the law discriminated on the basis of gender.

Two couples, including Henry van der Merwe and Andreas Bornman, approached the Constitutional Court after being unable to assume their wives’ surnames due to the legislation. They argued that the prohibition served no government purpose.

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The ruling is seen as a landmark decision for gender equality in South Africa.

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