Constitutional Court Rules Husbands Can Now Take Their Wives’ Surnames.

The Constitutional Court made an important decision this week about surnames. Until now, when a couple got married, only the wife was allowed by law to change her surname to her husband’s if she wanted to. Husbands, however, were not allowed to take their wife’s surname.

This was unfair, and two couples decided to go to court to challenge the rule, saying it treated men and women differently.The Constitutional Court has ruled that a section of South Africa’s Births and Deaths Registration Act, which gave women but not men automatic rights to change their surnames after marriage, divorce or widowhood, is unconstitutional.The judges agreed that the law was not equal, because it gave women a choice that men did not have. They explained that the rule came from old traditions that believed a man’s name was more important than a woman’s name. The court said this way of thinking no longer fits with South Africa’s Constitution, which promises fairness and equality to everyone.

The specific parts of the law that were struck down are Section 26(1)(a)–(c) of the Births and Deaths Registration Act, 51 of 1992, and Regulation 18(2)(a) of its regulations.The ruling means that If a man wants to use his wife’s surname, or even combine both surnames into one double-barrelled name, he is now allowed to do so. For example, if someone named John Mokoena marries Thandi Dlamini, John could choose to become John Dlamini, or they could both decide to be called Dlamini-Mokoena. The court has given the government two years to change the law officially, but couples do not have to wait, men can already take their wife’s surname if they wish.Many people are happy about this decision. They say it gives couples more freedom to decide what is best for them and shows that men and women should be treated equally in all parts of life.

Lawyers and family groups also say it is a step forward in breaking down old ideas about gender roles. Even though it may take some time for Home Affairs offices to adjust their systems, the law of the country is now clear: both men and women have the same rights when it comes to surnames.This decision may seem small, but it matters because a surname is part of a person’s identity. Now, every couple in South Africa can decide together what surname they want to share, and both partners’ choices will be respected.