Court rules that husbands can take their wives' surnames
The Bloemfontein High Court ruled that the Birth and Registrations Act was discriminatory and ruled in favour of these husbands taking on their wives' surnames.
When a couple gets betrothed, they must discuss many things to prepare for their wedding. But more importantly, they must make many decisions regarding their new life together.
Yes, the wedding day is just one day out of their futures, but preparing for their 'happily ever after' starts on this special day.
A topic that has traditionally been taken for granted is that of surnames or last names. It is generally customary or traditional for the wife to take on her husband's last name after marriage.
However, the status quo has been challenged and has taken a turn in practice.
"The Bloemfontein High Court has ruled that two husbands can use their wives' surnames after it found that a section of the Births and Registration Act was discriminatory on the grounds of gender." (IOL)
Two couples were halted when the husbands wanted to take on their wives' surnames. The Department of Home Affairs delivered terrible news when it informed these couples that the law did not permit this.
Both couples had decided before marriage that the husbands would take on their wives' last names. The first couple decided to do this as a tribute to the wife's late parents, and for the second couple, the wife was an only child, and her maiden name held meaning to her.
It was also crucial for them to have the same surnames so that they could raise their children under the same name. When Home Affairs informed them this could not be done, the first couple kept their surnames and launched a high court application.
It was refreshing to see that the law did not conform to this 'outdated' law and ruled in favour of both couples.
"Attorneys for both the couples argued that the act and the regulations perpetuated gender norms set by a ‘patriarchal society that entrenched gender inequality and differentiated based on sex and gender.’
"Judge Joseph Mhlambi said the provisions of the Act failed to recognise modern societal values, including gender equality, fluidity in identity choices and the rejection of rigid gender roles.
"He said updating the law to reflect these values and promote a more inclusive and equitable society was essential." (IOL)
This would also dismantle the norms and stereotypes. In the old days, when a woman took the surname of her husband, it was expected and they then thought that they owned the woman, and that would lead to the men objectifying the women. This ruling should be welcomed by all, in the interest of gender equality.
Javu Baloyi, spokesperson for the Commission for Gender Equality, welcomed the decision and referred to this decision as a full-circle representation after three decades of democracy.
The act will be brought in front of the Constitutional Court to deem the 'constitutionality' of the act.
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