In a groundbreaking development in South Africa, a court ruling has paved the way for men to adopt their wives’ surnames. Jana Jordaan and Henry van der Merwe, a South African couple, faced obstacles when they tried to register their decision to share the same surname after their marriage in 2021. The Department of Home Affairs initially rejected their request, citing a law dating back to the Apartheid era that prohibited husbands from taking their wives’ family names or both spouses from hyphenating their surnames.
Challenging this discriminatory law, the couple took the matter to court. After a three-year legal battle, the Constitutional Court of South Africa declared the law unconstitutional, labeling it a “colonial import” that discriminates based on gender. The court’s decision was hailed as a victory for gender equality by Jordaan, who emphasized the importance of equality in relationships.
Jordaan, who had a strong emotional connection to her family name due to the loss of her parents at a young age, expressed her desire to retain her surname even after marriage. Van der Merwe, showing his support for equality in their relationship, agreed to take on the Jordaan surname as well. However, their plans were hindered by the Births and Deaths Registration Act of 1992, which allowed women to change their surnames after marriage but not men.
Together with another couple, Andreas Nicolaas Bornman and Jess Donnelly-Bornman, who sought to hyphenate their family names, Jordaan and Van der Merwe challenged the discriminatory law. Following a lower court ruling deeming the law unconstitutional, the Constitutional Court upheld the decision, giving the government two years to amend the legislation.
Justice Leona Theron defended the court’s ruling, arguing that the law was rooted in colonialism and imposed Western values on African cultures. Theron highlighted that the law perpetuated patriarchal gender norms and restricted how women could express their identity in relation to their husbands.
Despite some backlash on social media, the court’s decision was supported as a step towards gender equality. South Africa, known for legalizing same-sex marriage in 2006 and recognizing polygamous marriages, displayed progress in challenging discriminatory laws. Jordaan and Van der Merwe, undeterred by critics, remain focused on celebrating their victory and embracing their family’s decision to share the same surname.