South Africa’s Landmark Ruling on Surnames Challenges Patriarchal Norms

Ayesha Nyanzunda

In a groundbreaking judgment that could reshape family traditions in South Africa, the Constitutional Court has ruled that men can legally take their wives’ surnames — a right previously denied under the law.

For decades, South African marriage practices have been steeped in patriarchy, with women expected to take their husbands’ names as a sign of respect and belonging. But this week’s ruling marks a shift towards greater equality, affirming that men too should have the freedom to decide on their identity after marriage.

“Why Not My Name?”

The case was brought forward by two married couples who argued that the existing law — which only allowed women to change their surnames — was discriminatory and unconstitutional. One of the husbands shared that he had wanted to take his wife’s surname as a way of honoring her family, but the system made it impossible.

“Marriage is a partnership,” he argued in court papers. “Why should only one partner have the right to choose a new family identity? Why not me?”

The Constitutional Court agreed, finding that the Births and Deaths Registration Act (BDRA) unfairly privileged men over women and violated the rights to equality and dignity.

What the Ruling Means

Men can now legally assume their wives’ surnames or even create double-barrel surnames. The Department of Home Affairs is expected to update its registration systems to reflect this change. Parliament has been given 24 months to amend the law formally, but in practice, the ruling takes effect immediately.

Challenging Tradition

In a society where patriarchy runs deep, the ruling is not just a legal victory — it is a cultural disruptor. For many families, the surname has always symbolized lineage, inheritance, and male authority. The idea of a man taking his wife’s surname has often been dismissed as unthinkable or even emasculating.

Cultural analyst Dr. Thandi Maseko believes the ruling will spark important conversations:

“This judgment forces South Africans to rethink what it means to build a family. The assumption has always been that women must bend — but the court has now placed both partners on equal footing. That challenges patriarchy head-on.”

A Step Toward Equality

Gender activists have welcomed the decision, calling it a victory for equality and dignity. They argue that the ability to choose a surname is more than just paperwork — it is about recognizing marriage as a partnership of equals.

At the same time, some traditionalists are skeptical. “In our culture, the man is the head of the household,” says Sipho, a community elder from KwaZulu-Natal. “If men start taking women’s names, it will feel like the order of things is upside down.”

But for younger South Africans, the ruling feels liberating. Couples now have the choice to express equality in their relationships through their shared identity. Some men see it as a way of honoring their wives’ families or breaking away from painful histories tied to their own surnames.

The Bigger Picture

Beyond family names, the ruling represents a broader push to align South Africa’s laws with its progressive Constitution. By striking down outdated provisions, the court is reminding the country that equality is not negotiable, even in spaces where tradition holds sway.

As Parliament works to update the Births and Deaths Registration Act, the conversation has already begun in living rooms, churches, and community gatherings: Should surnames define hierarchy in a marriage, or should they reflect choice, love, and equality?

For many, this case is not just about names — it is about rewriting the story of what it means to be a family in modern South Africa.