Breaking Tradition: ConCourt Rules Husbands Can Take Wives’ Surnames – We Speak to Adv. DJ Sibuyi
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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.
In a victory for two couples who brought the case, the Constitutional Court ruled that the law was a "colonial import" that amounted to gender-based discrimination.
Henry van der Merwe was denied the right to take the surname of his wife Jana Jordaan, while Andreas Nicolas Bornman could not hyphenate his surname to include Donnelly, the surname of his wife, Jess Donnelly-Bornman, the public broadcaster, SABC, reports.
Parliament will now have to amend the Births and Deaths Registration Act, along with its regulations, for the ruling to take effect.
In a victory for two couples who brought the case, the Constitutional Court ruled that the law was a "colonial import" that amounted to gender-based discrimination.
Henry van der Merwe was denied the right to take the surname of his wife Jana Jordaan, while Andreas Nicolas Bornman could not hyphenate his surname to include Donnelly, the surname of his wife, Jess Donnelly-Bornman, the public broadcaster, SABC, reports.
Parliament will now have to amend the Births and Deaths Registration Act, along with its regulations, for the ruling to take effect.
