South Africa Overturns Apartheid Era Law Allowing Men to Choose Their Wives' Surnames

In a landmark decision, South Africa's highest court has ruled that men can legally take their wives' surnames after marriage, overturning an apartheid-era law that was found to be unconstitutional. The ruling, handed down by the Constitutional Court, effectively puts men and women on an equal legal footing regarding surname changes, a move that has been hailed as a significant victory for gender equality.

The case was brought forward by two couples who had been denied the right to either take the wife's surname or to hyphenate their surnames after marriage. The court found that the existing law, the Births and Deaths Registration Act of 1992, amounted to unfair gender discrimination because it only granted women an automatic right to change their surname upon marriage. Men, on the other hand, had to go through a complicated and often unsuccessful process of applying to the Department of Home Affairs to assume their wife’s name.

In its judgment, the court noted that the law not only deprived men of their right to choose their family name but also reinforced "patriarchal gender norms" that dictate how women should express their identity. By making the woman's surname relational to her husband's as a default, the law perpetuated an outdated and unequal system. The court has given the South African parliament two years to amend the legislation to comply with the new ruling.

This decision marks a significant step forward for a country that has made great strides in enshrining human rights in its constitution. While South Africa was the first in Africa to legalize same-sex marriage, which already granted couples the freedom to choose their surname, this ruling extends that same right to all heterosexual couples. The case underscores a global movement towards more equitable and modern family laws, challenging traditional customs and patriarchal traditions for a more inclusive and just society.