South Africa’s Constitutional Court has struck down a law that prevented men from taking their wives’ surnames, declaring it discriminatory and unconstitutional.
The judges ruled that the ban had no valid government purpose and unfairly reinforced gender inequality. They explained that while the law directly restricted men, it was even more harmful to women because it upheld patriarchal norms—suggesting a woman’s identity must always be tied to her husband.
The case was brought forward by two couples. In one, a man wanted to adopt his wife’s surname to honour her late parents. In the other, a woman wished to keep her family name alive since she was an only child.
Until now, men who wanted to take their wives’ surnames had to apply through the home affairs department, but approval was not guaranteed. With the ruling, parliament is now expected to amend the legislation to reflect the change.
Similar provisions already exist in many countries, particularly in Europe and parts of the United States, where men are free to assume their wives’ surnames after marriage.
