Constitutional Court Allows Husbands To Take Wives’ Surnames
The Constitutional Court of South Africa has ruled that husbands can now legally take their wives’ surnames, declaring parts of the Births and Deaths Registration Act discriminatory. The ruling, handed down on Thursday, 11 September, 2025, was reported by the South African Broadcasting Corporation (SABC).
A landmark ruling
The court held that the law unfairly restricted men from taking their wives’ surnames, while women faced no such barriers.
In its report, SABC stated:
“The Constitutional Court has struck down sections of the Births and Deaths Registration Act which prevented husbands from assuming their wives’ surnames. The court found this discriminatory and a violation of equality and dignity rights.”
The ruling follows a case where a couple married under customary law attempted to register the husband under his wife’s surname but was denied due to the restrictive provisions of the Act.
One of the judges was quoted in the judgment as saying:
“The law created an artificial barrier for men that did not exist for women. This was unconstitutional and discriminatory.”
A 24-month suspension
Although the court declared the sections of the law unconstitutional, it suspended the declaration of invalidity for 24 months. This is to allow Parliament time to amend the legislation.
In the meantime, the Constitutional Court has put in place an interim measure. SABC reported:
“Men who marry, whether through civil or customary law, may immediately apply to assume their wives’ surnames under the interim order.”
This ensures that couples do not have to wait for Parliament to finalise the changes before exercising this right.
Equality in surnames
The court highlighted the principle of equality before the law. Women in South Africa have long been able to take their husbands’ surnames without restriction. Men, however, were previously required to adopt a neutral or family-related surname if they wished to change theirs.
The ruling makes clear that surnames are not bound by gender.
The SABC report added:
“The decision is seen as a major step forward in ensuring freedom of choice in marriage and family identity. It removes the historical imbalance that allowed only one gender unrestricted access to surname changes upon marriage.”
This judgment, which took effect on 11 September 2025, is regarded as a milestone for gender equality.
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The post Constitutional Court Rules Husbands Can Now Use Wives’ Surnames In Landmark Case appeared first on iHarare News.
