South Africa’s Constitutional Court has struck down a section of the Births and Deaths Registration Act that allowed women, but not men, the automatic right to change their surnames after marriage, divorce, or widowhood. The court ruled that the provision was unconstitutional as it unfairly discriminated on the basis of gender.
Previously, Section 26(1)(a) to (c) of the 1992 Act allowed women to adopt their husband’s surname upon marriage, revert to a previous surname after divorce or widowhood, or add a former surname to their married name without a formal application process. Men, however, were required to go through the lengthier procedure of applying to the Director-General of Home Affairs for any surname change, creating a clear legal imbalance.
On Thursday, the Constitutional Court declared the section invalid, confirming that men will now have the same automatic rights as women when it comes to surname changes. This means husbands can legally assume their wives’ surnames through the same simplified process available to women.
The ruling came after two couples challenged the law, arguing that the exclusion of men from the automatic process served no legitimate government purpose. The court agreed, noting that the law reinforced outdated gender roles and stereotypes. By denying men the same right, it perpetuated inequality between spouses.
Credit: SABCNEWS
