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In a landmark decision on September 11, 2025, the Constitutional Court in Bloemfontein ruled that husbands in South Africa are legally allowed to take their wives’ surnames.
Judge Leona Theron delivered the judgment, declaring that the current Births and Deaths Registration Act (Act 51 of 1992) is unconstitutional because it discriminates unfairly based on gender.
The case began when two couples, Jana Jordaan and Henry van der Merwe, and Jess Donnelly-Bornman and Andreas Nicolaas Bornman, challenged the law. Van der Merwe was denied the right to adopt his wife’s surname, while Bornman was prevented from hyphenating his surname to include his wife’s.
Both couples argued that these restrictions are rooted in outdated gender norms and violate South Africa’s Constitution, which guarantees equality for all citizens.
This ruling follows an earlier decision by the Bloemfontein High Court that also found the relevant legal provisions unconstitutional and ordered the Department of Home Affairs to amend the affected records. The Constitutional Court has now upheld this judgment, reinforcing the importance of equality in family naming rights.
Additionally, the Department of Home Affairs was ordered to cover the applicants’ legal costs, including fees for two legal counsels.
Notably, the Ministers of Home Affairs, Leon Schreiber, and of Justice and Constitutional Development, Mamoloko Kubayi, did not oppose the challenge, allowing the Court to focus on balancing constitutional rights with existing legislation.
This decision marks a significant step toward gender equality in South Africa, giving men the freedom to choose their family names without being constrained by traditional expectations.
