Securing the right for husbands to take wives surnames in South Africa

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The Constitutional Court has made a landmark ruling allowing husbands in South Africa to legally take their wives’ surnames. This decision comes after a challenge to the Births and Deaths Registration Act, which was deemed unconstitutional for unfairly discriminating on the basis of gender. The ruling addresses the previous inability of men to assume their wives’ surnames after marriage.

Key details of the ruling

• Constitutional Court Ruling: Men are now legally allowed to take their wives’ surnames in South Africa.
• Discrimination Declared: Section 26(1)(a) to (c) of the Births and Deaths Registration Act was declared unconstitutional.
• Gender Equality: The court found the Act unfairly discriminated on the basis of gender.
• Applicants: The case was brought by Jana Jordaan and Henry Van Der Merwe, and Jess Donnelly-Bornman and Andreas Nicolas Bornman.
• Court Date: The applicants approached the court in March 2025.
• Denied Requests: Henry Van Der Merwe was previously denied the ability to take his wife’s surname, Jordaan.
• Hyphenation Issue: Andreas Nicolas Bornman was denied the ability to hyphenate his surname to include his wife’s surname, Donnelly.

Summary of the story

In a significant victory for gender equality, the Constitutional Court of South Africa has ruled that husbands can legally adopt their wives’ surnames. Previously, the Births and Deaths Registration Act prevented men from taking this step, a provision that the court has now declared unconstitutional. The case was brought forward by two couples: Jana Jordaan and Henry Van Der Merwe, and Jess Donnelly-Bornman and Andreas Nicolas Bornman. Henry Van Der Merwe had been denied the opportunity to change his surname to Jordaan, while Andreas Nicolas Bornman was unable to hyphenate his name to include Donnelly. This legal challenge, which reached the Constitutional Court in March 2025, has resulted in a groundbreaking decision that eliminates gender-based discrimination in surname adoption after marriage. You can read more about this decision on Limpopo Chronicle’s Tweet.

Questions and answers about the surname ruling

• Why was the Births and Deaths Registration Act challenged?
  
  The Act was challenged because it was seen as discriminatory, as it did not allow men to take their wives’ surnames, while women traditionally take their husbands’ surnames.
• What was the outcome of the Constitutional Court’s decision?
  
  The court ruled that Section 26(1)(a) to (c) of the Births and Deaths Registration Act was unconstitutional, meaning men now have the legal right to take their wives’ surnames.
• Who were the key people involved in bringing this case to court?
  
  The key people involved were Jana Jordaan and Henry Van Der Merwe, and Jess Donnelly-Bornman and Andreas Nicolas Bornman, who were the applicants in the case.
• What were the specific issues faced by the applicants?
  
  Henry Van Der Merwe was denied the ability to take his wife’s surname, Jordaan, and Andreas Nicolas Bornman was denied the ability to hyphenate his surname to include his wife’s surname, Donnelly.
• When did the applicants take their case to the Constitutional Court?
  
  The applicants approached the Constitutional Court in March 2025.
• Where can I find more news stories from South Africa?
  
  You can find more news stories like this at City of Thohoyandou News.
• Does this ruling mean men are now forced to take their wives surnames?
  
  No, the ruling is to allow men to do so should they wish, but they are not forced to.

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