Online Reporter
The South African Constitutional Court has ruled that men may assume their wives’ surnames, declaring Section 26(1)(a) to (c) of the Births and Deaths Registration Act unconstitutional insofar as it unfairly discriminates on the basis of gender, by failing to afford men the right to assume the surname of women after marriage.
The ruling examined parts of the Births and Deaths Registration Act and its regulations, which had previously prevented husbands from assuming their wives’ last names.
Two couples approached the apex court, arguing that the prohibition served no government purpose.
Henry van der Merwe and Andreas Bornman were unable to assume their wives’ surnames because of the legislation.
On Thursday morning, the Constitutional Court declared parts of the Births and Deaths Registration Act invalid, saying the law discriminated on the basis of gender.- SABC/www.ewn.co.za
Bongani Ndlovu