South Africa’s Constitutional Court has issued a ruling allowing husbands to adopt their wives’ surnames, effectively overturning existing legislation that prohibited this practice. This decision came as a result of a case brought forward by two couples, highlighting concerns regarding gender-based discrimination inherent in the previous law.
Henry van der Merwe and his wife Jana Jordaan were among those affected, as van der Merwe was not permitted to take his wife’s surname. Similarly, Andreas Nicolas Bornman faced restrictions in hyphenating his last name to include that of his wife, Jess Donnelly-Bornman. The ruling indicates a shift towards greater equality in marital naming conventions.
For this change to take effect, Parliament is now required to amend the Births and Deaths Registration Act and its associated regulations. The couples contended that the outdated law was a product of patriarchal norms and infringed upon the equality rights that are protected by the South African constitution, which was established following the end of white-minority rule.
Although the couples won their case in a lower court, they sought confirmation from the highest court to solidify the ruling’s implications for future legal and social practices. This development raises questions regarding the evolving nature of gender roles and legal recognition in South African society.
Source: https://www.bbc.com/news/articles/cm2z351l6jxo?at_medium=RSS&at_campaign=rss