South Africa’s Top Court Strikes Down Gendered Surname Law
- by Admin.
- Sep 14, 2025

Credit: Freepik
South Africa’s Constitutional Court has overturned a law rooted in apartheid, previously barring men from adopting their wives’ surnames after marriage, declaring it a discriminatory “colonial import” and advancing gender equality.
The ruling, handed down on Wednesday, upholds a March challenge by two couples—Henry van der Merwe and Jana Jordaan, and Andreas Nicolas Bornman and Jess Donnelly-Bornman—who argued the law was archaic and patriarchal.
The court agrees, mandating that men now have the right to take their wives’ surnames, a decision reported by public broadcaster SABC. This landmark judgment targets the Births and Deaths Registration Act, prompting expectations that Parliament will amend the legislation to reflect the change.
The ruling addresses a relic of colonial and apartheid-era policies, aligning with South Africa’s post-1994 commitment to equality.
This development, set against the country’s history of dismantling systemic inequities, marks a step toward modernizing marital naming conventions and fostering inclusivity.
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