South Africa ban on husbands taking wife’s family name ruled unconstitutional

South Africa’s top court has ruled that an apartheid-era law banning husbands from taking their wife’s family name or hyphenating both spouses’ surnames was unconstitutional.

The ruling by the Constitutional Court, which said the existing law must be amended, paves the way for husbands to adopt their wife’s last name if they wish to do so.

The decision was met with mixed reactions and at times heated comments on social media, with some welcoming it as a progressive step for Africa’s leading democracy while others slammed it as going against the country’s culture and tradition.

The top court gave South African lawmakers and President Cyril Ramaphosa two years to amend the legislation.

The current law — known as the Births and Deaths Registration Act of 1992 — only allows a woman to change her family name when her marital status changes.

The decision was the outcome of a 2024 case brought by two couples who sued the Department of Home Affairs for gender discrimination.

Andreas Nicolaas Bornman and Jess Donnelly-Bornman wanted both to have their family names hyphenated while Henry van der Merwe wanted to take his wife Jana Jordaan’s family name.

A lower court ruled last September that the current law was unconstitutional and amounted to gender discrimination.

The Constitutional Court on Thursday upheld that decision, with Justice Loena Theron saying the existing law was unfair and discriminated “based on gender”.

Some social media users said the ruling could help preserve rare family names. Others were less impressed, claiming it would erase traditional customs.

One user said on X that the ruling is intended to “destroy the norms and values” of black indigenous Africans.

South Africa was the first on the continent to legalise same-sex marriage in 2006, with both partners free to chose their surname after marriage.

The government also recognises polygamous marriages, in which men can take multiple wives according to their ethnic group’s customs.