“Will They Pay Lobola?”: SA Holds Fierce Debate As Court Allows Husbands To Take Wives’ Last Names
- The Births and Deaths Registration Act is receiving a face-lift after a landmark ruling in the Bloemfontein High Court
- A new precedent was set this year after a couple successfully applied for the husbands to assume their wives' surnames
- South Africans were a boisterous bunch on social media in a general consensus that hit out at the radical update
Source: Getty Images
South Africa could be in for a switch-up to the only accepted social convention for marriage: a woman taking her husband's surname.
Most people agree that this is the norm.
However, if the Bloemfontein High Court has its way, and depending on an impending Constitutional Court ruling, the converse will apply, opening a new norm for husbands and wives.
SA debates men taking wives' surnames
Following a gender equality ruling in September 2024, the Bloemfontein High Court agreed that men could use their wives' surnames.
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The historic precedent recently came to fruition after two Free State women won a bid for their husbands to use their surnames — and in doing so, successfully challenged section 26(1) of the Registration of Births and Deaths Act — that it was archaic and patriarchal, among others.
According to a legal practitioner, Tina Hokwana, the couples' attorneys slammed the Act, saying it promoted patriarchal gender norms characterised by inequality.
In his ruling, Bloemfontein High Court Judge Joseph Mhlambi said the Act's provisions, which he found unconstitutional, erred in recognising modern societal values.
He insisted that updating the law to reflect a progressive world while promoting a more inclusive and equitable society was essential.
The high court has since given Parliament two years to revise the Act.
New law stirs up hornets' nest
The intriguing events sparked a wave of colourful debate and conjecture on the timeline as locals expressed their two cents.
From questions about dowry to flat-out disagreeing with the new approach, locals had a field day debating the hot topic away.
Briefly News looks at the extensive commentary.
@Dr_Shiyaklenga wrote:
"Are the women going to pay lobola as well?"
@moloimc said:
"When lawmakers are feminine, these are the kind of laws they pass. Gender equality, my foot; there’s no such. You can’t fight [the] natural [course] of life."
@A4ONE_President added:
"I have a strange feeling that this is for all the foreign guys marrying our local women. Bookmark this post."
@ADS_ZAR noted:
"South African women will sell SA surnames to foreigners for R300."
@Mditshwer mentioned:
"I don't think women will like the end of this gender equality. It's no longer funny. God made us unequal deliberately. It will never change. It will have bad consequences instead. We [are] already living with some of those consequences."
What are the 3 types of marriage?
In related news, Briefly News reported that different types of marriage contracts determine how property will be divided in death or divorce cases.
Therefore, although each has pros and cons, it is important to be armed with the requisite information before settling on the relevant contract.
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Source: Briefly News
