South African Court Affirms Right of Men to Adopt Wives’ Surnames!

Sele Media Africa
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Reported by Amos Dachung – Sele Media Africa Reporter
September 11, 2025

South African Court Affirms Right of Men to Adopt Wives’ Surnames

In a landmark decision challenging longstanding patriarchal norms, the Bloemfontein High Court has ruled that South African men may legally adopt their wives’ surnames after marriage. This decision overturns previous provisions in the Births and Deaths Registration Act that restricted such changes, marking a significant step toward gender equality in the country.

Challenging Historical Norms

The case was brought forward by two couples who argued that the existing law was discriminatory. Under the previous legal framework, women could easily assume their husband’s surname upon marriage, while men faced bureaucratic hurdles, including the need for approval from the Director-General of Home Affairs, to take their wife’s surname. This disparity was seen as a violation of constitutional rights to equality and dignity.
Judge Joseph Mhlambi, presiding over the case, stated that the provisions of the Act failed to recognize modern societal values, including gender equality and the rejection of rigid gender roles. He emphasized that updating the law to reflect these values is essential for promoting a more inclusive and equitable society. [1]

Implications and Reactions

The ruling has been welcomed by various organizations advocating for gender equality. The Commission for Gender Equality praised the decision, noting that it aligns with the constitutional commitment to non-discrimination and personal autonomy. [1]

Legal experts also view the decision as a progressive move. The law firm Pagel Schulenburg highlighted that the court’s acknowledgment of the discriminatory nature of the previous provisions sets a precedent for challenging other outdated laws that perpetuate gender inequality. [2]

Next Steps

While the High Court’s decision is a significant milestone, the matter has been referred to the Constitutional Court for confirmation. The Constitutional Court’s endorsement would solidify the ruling and ensure its application across the country. [3]
In the meantime, the Department of Home Affairs has indicated its respect for the court’s decision and is expected to adjust its policies accordingly to facilitate surname changes for men wishing to adopt their wives’ surnames. [4]

For more updates on legal reforms and gender equality in Africa, visit www.selemedia.org.
Citations:
1.⁠ ⁠IOL: iol.co.za/mercury/news/2024-09-25-husbands-can-now-adopt-wives-surnames/?utm_source=chatgpt.com
2.⁠ ⁠IOL: iol.co.za/news/politics/2025-03-05-will-south-african-men-be-allowed-to-take-their-wives-surnames-concourt-to-decide/?utm_source=chatgpt.com
3.⁠ ⁠The Citizen: www.citizen.co.za/news/south-africa/courts/birth-and-deaths-registration-act-concourt-case/?utm_source=chatgpt.com
4.⁠ ⁠South African Lawyer: www.southafricanlawyer.co.za/article/2025/03/court-asked-to-allow-husband-to-take-wifes-surname/?utm_source=chatgpt.com

About The Author

David Joshua Oliver

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Oliver David Joshua is a seasoned media professional with a passion for impactful journalism and strategic leadership. As the Managing Director and Editor-In-Chief of Sele Media Africa, he oversees the organization’s editorial vision, ensuring high standards of truth, balance, and bold reporting. Known for his sharp editorial eye and commitment to excellence, Oliver plays a key role in shaping the voice of Sele Media Africa across the continent. His leadership continues to drive innovation, credibility, and growth in Africa’s digital media space.

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