Should Men Take Their Wives' Surnames? South Africa’s Top Court Weighs a Historic Gender Battle

Under the patriarchal system, the notion of a woman adopting a man's surname dates back to the 15th century.

The South African Constitutional Court is reviewing a case that could significantly impact the institution of marriage by challenging traditional surname conventions.

Historically, under patriarchal norms dating back to the 15th century, women were expected to adopt their husband’s surname after marriage. However, legal experts argue that in a country committed to equality, such traditions should be reevaluated.

Speaking to SABC, Advocate Brenda Madumise emphasized that individuals should have the right to choose their surname without societal pressure. “If my choice is to have my surname hyphenated or to take both my spouse’s and mine, let it be. It’s about the right to choose,” she said.

Madumise also pointed out that surname regulations impact more than just marriage, referencing challenges parents face when traveling internationally with children who have different surnames.

Previously, the Births and Deaths Registration Act (Sections 26(1)(a) to (c)) dictated that a woman's marital status determined her ability to change her surname, while men had no such right. If a man wished to take his wife’s surname, he had to apply for permission from the Director-General and provide justification.

In August 2024, the Bloemfontein High Court ruled that these provisions were unconstitutional as they discriminated based on gender. The case was then referred to the Constitutional Court for final determination.

Legal experts believe that if the ConCourt upholds the ruling, it will be a landmark decision reinforcing gender equality in South Africa’s legal framework and redefining long-standing marital norms.