ConCourt Allows Husbands To Take Wives’ Surnames

In a landmark decision, the Constitutional Court has ruled parts of the Births and Deaths
Registration Act unconstitutional, allowing husbands to assume their wives’ surnames after
marriage. 

Justice Leona Theron held that the previous legal restrictions were rooted in colonial-era
patriarchal norms and unfairly discriminated on the basis of gender. “The inability of
husbands to assume their wives’ surnames removes their right to make choices pertaining to
their own identity,” she said, adding that the current rules reinforced gendered expectations
about identity tied to husbands. 

The case was brought by couples who wished to preserve familial ties or express their
identities through a shared surname. Justice Theron found that the law deprived spouses of
equal freedom — based solely on gender. 

The ruling states that spouses may now legally request to change their surname after
marriage, once Parliament amends the legislation. In the interim, Section 26.1 of the Act will
no longer apply to prevent someone, after marriage, from assuming the surname of their
spouse. 

The court also ordered the Department of Home Affairs to pay the legal costs of the
applicants, recognising that the case was necessary to uphold constitutional rights.