CONSTITUTIONAL COURT RULES HUSBAND CAN TAKE WIFE’S SURNAME

South Africa’s Births and Deaths Registration Act is unconstitutional. That’s according to a ruling made by the Constitutional Court in a court case where it established that men are allowed to take the surnames of their wives when getting married.

This wasn’t the first time the Constitutional Court heard this matter. It was first heard in March after a previous ruling in the Free State High Court in September 2024.

The ruling stipulates that a man could assume his wife’s surname or have a double-barreled surname in marriage. With that, Section 26(1)a to c of the Births and Deaths Registration Act is unconstitutional.

Currently, a heterosexual man would have to apply to the Director-General of Home Affairs if he wants to change his name. There’s no guarantee that this application will be granted, and many of these cases ended up in court with the Births and Deaths Registration Act being used as reasoning.

Business Tech reports pending the coming into force of the new legislation or amendments, section 26(1) will not apply when:

A person, after marriage, assumes the surname of the spouse with whom such person concluded a marriage or, after having assumed such surname, resumes a surname which they bore at any prior time;

A married or divorced person or a widow or widower resumes a surname which they bore at any other time; and

A person, whether married or divorced or a widow or widower, adds to the surname which they assumed after the marriage any surname which they bore at any prior time.

Parliament has been given 24 months to amend the Act.

Image credit: Good Things Guy