IN a landmark judgment that strikes a major blow against entrenched patriarchal norms, South Africa’s Constitutional Court has ruled that men must be allowed to take their wives’ surnames — a right previously denied under national law.
The court, in a unanimous decision delivered Thursday, declared that the legal provisions barring men from automatically assuming their wives’ surnames upon marriage amounted to unfair gender discrimination and violated the country’s equality clause.
In its ruling, the court noted that while the law technically restricted men, it also had a deeper, “far more insidious” impact on women.
“It reinforces patriarchal gender norms, which prescribe how women may express their identity, and it makes this expression relational to their husband, as a governmental and cultural default,” the judgment read.
The justices further stated that the prohibition served “no legitimate government purpose” and ordered its suspension, clearing the path for Parliament to amend the relevant legislation.
The case was brought by two couples who sought to challenge the discriminatory law.
In one instance, a couple wished for the husband to adopt his wife’s surname to honour her late parents. In the second case, the wife wanted her husband to take her surname so she could preserve the family name, as she was an only child.
Under the previous legal framework, men were required to apply to the Department of Home Affairs for a formal name change, a process that was neither automatic nor guaranteed.
Many countries, especially across Europe and in several U.S. states, already allow men to take their wives’ surnames with minimal bureaucracy. Legal experts have hailed this ruling as bringing South Africa in line with international norms on gender equality and personal identity rights.
The Constitutional Court’s decision suspends the discriminatory provision but also gives lawmakers an opportunity to amend the Marriage Act to reflect the new reality. Parliament is now expected to fast-track legislative reforms to formally enshrine the right of either spouse to adopt the surname of the other upon marriage.
Gender rights advocates have praised the ruling, calling it a milestone in dismantling institutional patriarchy in South Africa.
“This judgment is about more than just surnames, it’s about choice, equality, and affirming that marriage does not erase a woman’s identity,” said one activist who attended the court session.
