South Africa’s Constitutional Court has ruled that men may now adopt their wives’ surnames, striking down a colonial-era law that barred them.
The court described the old rule as unfair and discriminatory. Justice Leona Theron declared it “a colonial import” that denied men equal rights under the constitution.
The case was brought by two couples. One sought to hyphenate their family names. The other wanted the husband to take his wife’s surname. Both were refused by the Department of Home Affairs.
Colonial Law Overturned
The contested law dates back to apartheid and only permitted women to change names after marriage. The Constitutional Court said this violated South Africa’s Bill of Rights, adopted in 1994.
The ruling explained that “in many African cultures, women retained their birth names, and children often took their mother’s clan name.” These customs were suppressed by colonial laws and Christian missionaries.
Parliament has now been ordered to amend the Births and Deaths Registration Act within two years. Until then, the court suspended the offending section of the law. BBC, Reuters
Social media lit up after the ruling. Many South Africans praised it as a progressive step. Others, mostly men, reacted with anger.
One user wrote on X: “Why are men panicking in the comments? The ruling isn’t enforcing that you take the wife’s surname, it is optional? Calm down wow.”
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