South Africa marriage law overturned by court

Husbands can now take wives' surnames, South African court rules

South Africa’s Constitutional Court has made a landmark ruling, overturning a law that prohibited men from taking their wives’ surnames after marriage. The court’s decision marks a significant step towards gender equality in the country. The law, which dated back to the apartheid era, had been challenged by two couples who argued that it was outdated and discriminatory.

The couples, Henry van der Merwe and Jana Jordaan, as well as Andreas Nicolas Bornman and Jess Donnelly-Bornman, had taken their case to court in March, arguing that the law was archaic and patriarchal. The Constitutional Court has now confirmed their victory, stating that the law was a “colonial import” that discriminated based on gender. This ruling means that men in South Africa will now be able to freely change their surnames to include their wives’ surnames, promoting greater equality in marriage.

The law in question was part of the Births and Deaths Registration Act, which will now likely need to be amended by South Africa’s parliament. The Constitutional Court’s decision has been welcomed as a move towards greater gender equality in the country. The court’s ruling is a significant development in South Africa’s ongoing efforts to address the legacy of apartheid and promote equal rights for all citizens.

The case highlights the importance of challenging outdated laws and promoting gender equality in all aspects of society. The ruling is expected to have a positive impact on families and individuals in South Africa, allowing them to make choices about their surnames without being restricted by outdated legislation. As the country continues to evolve and promote equal rights, this decision is a significant step forward. The amendment of the Births and Deaths Registration Act will be closely watched, as it will provide a formal framework for the implementation of the Constitutional Court’s ruling.

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