South Africa’s Top Court Rules Husbands Can Take Wives’ Surnames

South Africa’s Constitutional Court has made a landmark decision that lets men take their wives’ surnames after marriage. Before this ruling, the law only gave women the option to change their names, while men were blocked from doing the same. The judges said the rule was a “colonial import” that no longer fits a democratic society. They argued it unfairly treated men and women differently, reinforcing outdated gender roles.

The court observed that the earlier law was a clear form of discrimination and clashed with the country’s constitutional right to equality. The Constitutional Court noted that "in many African cultures, women retained their birth names after marriage, and children often took their mother's clan name," but this changed after the "arrival of the European colonisers and Christian missionaries, and the imposition of Western values".

"The custom that a wife takes the husband's surname existed in Roman-Dutch law, and in this way was introduced into South African common law. This custom also came into existence as a result of legislation that was introduced by countries that colonised African countries south of the Sahara," the court said.

Colonial-era law struck down

The case was sparked by two couples who wanted the freedom to choose their family names. Henry van der Merwe hoped to take his wife Jana Jordaan’s surname, while Andreas Nicolaas Bornman wanted to hyphenate his name with his wife Jess Donnelly-Bornman’s.

When the law stood in their way, they decided to challenge it, and the highest court in the country ended up siding with them. A legal body called the Free State Society of Advocates joined the court case in support of the two couples. 

Now, Parliament has up to 24 months to update the law to match the court’s judgment. In the meantime, the order stands, so couples won’t face the same restrictions going forward.

The ruling has been widely welcomed by gender equality advocates, who say it’s about more than just surnames; it’s about freedom of choice and breaking away from rules that no longer make sense in modern South Africa.

Some traditionalists aren’t happy with the decision, arguing it clashes with long-held cultural norms. However, the judgment is being seen as another step in South Africa’s ongoing effort to bring its laws closer to the values of fairness and equality set out in its Constitution.