South Africa’s Constitutional Court has overturned a decades-old law that prevented married men from adopting their wife’s surname or combining surnames through hyphenation.
The ruling, delivered on Thursday, declared sections of the Births and Deaths Registration Act of 1992 unconstitutional, ordering lawmakers to revise the legislation within two years.
The Act, a product of the apartheid era, only permitted women to change their surname after marriage while restricting men from doing the same.
The court found this unequal treatment to be discriminatory and inconsistent with South Africa’s constitutional principles of equality and dignity.
The decision follows a 2024 challenge brought by two couples. In one case, Andreas Nicolaas Bornman and Jess Donnelly-Bornman sought to share a hyphenated surname.
In another, Henry van der Merwe wanted to take his wife Jana Jordaan’s surname. Both couples argued that the law unfairly discriminated against men and reinforced outdated gender norms.
Reactions across South Africa have been sharply divided. Supporters welcomed the outcome as a step toward gender equality and a modern reflection of family choice, while critics argued that it undermines long-standing cultural traditions.
Social media debates reflected the split, with some praising the judgment as progressive and others questioning its impact on South African identity.
The court’s directive gives Parliament and President Cyril Ramaphosa until 2027 to revise the legislation. Until then, the ruling allows married men who wish to take their wife’s surname, or couples who wish to hyphenate, to do so without restriction.
Legal experts note that this judgment could set a wider precedent for reviewing other discriminatory laws from the apartheid period that still remain in effect.
It also underscores South Africa’s continuing effort to align its legal framework with the constitutional commitment to equality, nearly three decades after the end of apartheid.