South Africa's Constitutional Court Rules That Men Can Take Wife's Surname
In a landmark decision, South Africa's highest court has ruled that husbands can take the surname of their wives, overturning a law that barred them from doing so. The Constitutional Court's ruling on Wednesday effectively ends a long-standing provision in the Births and Deaths Registration Act that only allowed women to take the surnames of their husbands.
The decision was made after two couples, Henry van der Merwe and Jana Jordaan, and Andreas Nicolas Bornman and Jess Donnelly-Bornman, challenged the law, arguing it was archaic and patriarchal. The couples successfully argued in a lower court that the law violated equality rights enshrined in South Africa's constitution.
According to the court documents, Henry van der Merwe was denied the right to take his wife Jana Jordaan's surname, while Andreas Nicolas Bornman was unable to hyphenate his surname to include Donnelly, Jess Donnelly-Bornman's surname. The couples' lawyers argued that the law was discriminatory and outdated.
"This ruling is a significant victory for equality and fairness in South Africa," said Advocate Themba Mazibuko, who represented one of the couples. "We are pleased that the Constitutional Court has recognized the importance of allowing men to take their wives' surnames."
The decision will require Parliament to amend the Births and Deaths Registration Act and its regulations to reflect the new ruling.
"This is a progressive step forward for our country," said Justice Minister Ronald Lamola in a statement. "We welcome this development and look forward to implementing the necessary changes."
The ruling has been welcomed by women's rights groups, who argue that it brings South Africa in line with international norms on equality and fairness.
"The decision is a significant step towards achieving true equality between men and women," said Nomfundo Walaza, director of the Women's Rights Network. "We commend the Constitutional Court for recognizing the importance of this issue."
However, some conservative groups have expressed concerns that the ruling will lead to confusion and administrative challenges in updating birth certificates.
"We understand the court's decision, but we are concerned about the practical implications," said a spokesperson for the Family First organization. "We hope that Parliament will carefully consider the necessary changes to ensure a smooth transition."
The implementation of the new ruling is expected to take several months, during which time couples will be able to apply to update their birth certificates.
In conclusion, South Africa's Constitutional Court has made a significant decision that paves the way for men to take their wives' surnames. The ruling marks an important step towards achieving true equality between men and women in the country.
*Reporting by Bbc.*