Home World ConCourt’s major surname ruling
World

ConCourt’s major surname ruling

Share
Yesterday, the ConCourt confirmed that sections of the Births and Deaths Registration Act were unconstitutional, effectively upholding a lower court’s ruling. (Pic: National Today)
Share

JOHANNESBURG – The Constitutional Court of South Africa (ConCourt) has ruled that husbands are now permitted to legally adopt their wives’ surnames.

Yesterday, the ConCourt confirmed that sections of the Births and Deaths Registration Act were unconstitutional, effectively upholding a lower court’s ruling.

This follows a September 2024 judgment by the Free State High Court in Bloemfontein, which found that section 26(1)(a) to (c) of the Act, along with Regulation 18(2)(a), was discriminatory on the basis of gender.

The case arose after two husbands lodged a legal challenge, arguing that the law barred them from taking their wives’ surnames after marriage.

The first couple, identified only by their initials, married in 2021.

However, they were denied the husband’s request to assume his wife’s surname after the Department of Home Affairs officials indicated the law did not allow it. The second couple, Jess Donnelly-Bornman and Andreas Bornman, married in 2022 and experienced similar difficulties when trying to adopt a hyphenated surname combining both of their last names.

During Thursday’s proceedings, Judge Leona Theron found that the practice of wives taking husbands’ surnames is a colonial concept rooted in patriarchal norms, where women were seen to be inferior to men.

“This practice is largely a colonial import rooted in patriarchal norms where women were seen as legally inferior to their husbands and expected to assume their identity,” Theron said.

The judge declared the contested provisions of the Act invalid, stating that they ‘irrationally’ violated section 1(9) of the constitution. “It unfairly discriminates on the grounds of gender by failing to offer a woman the right to have her spouse assume her surname,” she said.

Theron ruled that the declaration of invalidity would be suspended for 24 months to allow parliament time to amend the Act or develop a new law.

She also explained that until the new legislation or amendments take effect, the current provisions will not apply when a person takes their spouse’s surname after marriage. They will also not apply when someone who has already assumed a spouse’s surname resumes a surname they used previously. The same applies when a married or divorced person, or a widow or widower, resumes any surname they have used at another time.

Share

Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Don't Miss

Chief Justice Bheki Maphalala passes on

MBABANE- Chief Justice Bheki Maphalala has died, according to reports emerging on Thursday. Maphalala is reported to have passed away while receiving treatment...

Thousands flock to Shiselweni for Umhlanga second leg

MANZINI – Thousands of Imbali yesterday descended on the Mbangweni Royal Residence in the Shiselweni Region, marking the beginning of the second leg...

Maidens thrilled as His Majesty the King appreciates them

MBANGWENI – Imbali was overjoyed when His Majesty King Mswati III appreciated her during the ongoing annual Umhlanga Ceremony at Mbangweni Royal Residence....

Schools open as scheduled – PS

MBABANE –Principal Secretary in the Ministry of Education and Training, Nanikie Mnisi, has affirmed that schools will reopen as scheduled in accordance with...

E50 000 bail for couple in E2.3 million theft case

MBABANE - A former chief clerk and her husband, implicated in the alleged theft of E2.3 million from Pick Yours Supermarket in Buhleni,...

Related Articles

Britain faces impending Russian ‘attack’, PM Burnham warned  

-Dailymail LONDON - Andy Burnham has been warned that Britain faces Russian...

SA seeks R292m repatriation reimbursement

- Sourced from IOL DURBAN - The government has spent R292 million...

India and Africa: Relations Beyond Rhetorics

(Amb Anil Trigunayat, Former Ambassador of India to Jordan, Libya and Malta)...

EU calls for stronger borders after crossings

Source from BBC News MADRIS - European Commission President Ursula von der...