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

In a landmark decision hailed as a victory for gender equality, South Africa’s Constitutional Court has ruled that husbands may legally adopt the surnames of their wives, overturning decades-old legislation that restricted the practice.

The court’s decision, announced on Thursday, strikes down sections of the Births and Deaths Registration Act that previously allowed only women to assume their husband’s surname after marriage. According to a report by CNN, the justices unanimously declared that the restriction violated the constitutional right to equality and dignity.

Chief Justice Raymond Zondo, delivering the ruling, emphasized that the old law was rooted in outdated patriarchal traditions that no longer align with South Africa’s constitutional values. “The choice of a surname after marriage is a deeply personal decision,” he stated. “It is not for the state to dictate that such choice belongs only to women.”

The case was brought before the Constitutional Court by a Johannesburg-based couple after the husband’s application to take his wife’s surname was rejected by the Department of Home Affairs. The couple argued that the existing legislation unfairly discriminated against men and perpetuated gender stereotypes.

Civil society groups and human rights organizations have welcomed the judgment. The Commission for Gender Equality praised the decision as a “progressive step that dismantles an archaic law rooted in patriarchy,” reported by CNN. The organization further noted that the ruling aligns with the constitutional principles of equality and freedom of choice for all citizens, regardless of gender.

Legal experts believe the ruling will have far-reaching implications. Attorney Sipho Mthembu, an expert in family law, told local media that the decision would likely prompt updates to administrative processes at the Department of Home Affairs to ensure that men who wish to adopt their wives’ surnames face no legal hurdles.

This historic change comes as South Africa continues to confront and reform laws inherited from its colonial and apartheid past that often entrenched gender inequality. By affirming the equal right of both spouses to determine their family surname, the court has underscored the importance of respecting personal identity in marriage.

The ruling takes immediate effect, paving the way for husbands across the country to choose their wives’ surnames without facing legal or bureaucratic obstacles, according to CNN.