South Africa’s Constitutional Court has overturned a law considered a “colonial import”, which previously barred men from taking their wives’ surnames after marriage.
No more gender inequality in marriages: this is what South Africa’s Constitutional Court ruled on Wednesday, overturning a law dating back to apartheid times, which had stipulated that men could not take their wives’ surname in marriage.
The law had been successfully challenged by two couples, who argued that it was archaic and patriarchal, in court in March, and the Constitutional Court now confirmed this decision.
The country’s highest court said that the law was a “colonial import” and that it discriminated based on gender.
As reported by public television broadcaster SABC, Henry van der Merwe and his wife Jana Jordaan, as well as Andreas Nicolas Bornman and his wife Jess Donnelly-Bornman, who were at the origin of the case, will now be able to freely change their surnames to include their wives’ surnames.
It is now expected that South Africa’s parliament will have to amend the Births and Deaths Registration Act.
