Constitutional Court Confirms Men Can Now Take Wives’ Surnames, SA Asks if Women Will Now Pay Lobola
- The Constitutional Court has confirmed a landmark ruling, which was already made by the Free State High Court
- The High Court ruling found that sections of the Births and Deaths Registration Act are unconstitutional
- South Africans weighed in on the decision, joking about what it meant for cultural traditions like lobola
Source: Getty Images
Briefly News journalist Byron Pillay has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He spent 10 years working for the Northern Natal Courier before transitioning to online journalism.
GAUTENG – The Constitutional Court has made a landmark decision which has sparked mixed reactions online.
The court confirmed a previous ruling that sections of the Births and Deaths Registration Act are unconstitutional. The ruling effectively orders those sections to be changed, allowing men to take the surnames of their wives in marriage. The ruling was previously made in the Free State High Court.
ConCourt confirms high court ruling
In September 2024, the matter was first heard in the Free State High Court, ruling that Section 26(1)a to c of the Births and Deaths Registration Act was unconstitutional
The High Court ordered that a man could assume his wife’s surname or have a double-barrelled surname in marriage, something the ConCourt has now confirmed.
According to the current wording of the laws, a husband cannot take his wife’s surname unless he applies to Home Affairs seeking permission to do so. Even if an application is made, it’s not a guarantee that it will be granted.
Source: Getty Images
How did the challenge to the rule come about?
The Free State High Court deliberated on the section of the Constitution after two couples challenged it.
Applicants Jana Jordaan and Henry van der Merwe wanted to take Jordaan’s surname when they got married, to honour her parents, who died when she was young. However, they were informed that the Home Affairs system does not allow that. As a result, Jordaan kept her own surname, and the couple’s children took Henry’s surname.
In another case, Jess Donnelly and Andreas Bornman wanted to adopt a double-barreled version of her surname. While Jess was able to change hers to Donnelly-Bornman, the Home Affairs systems did not allow for Andreas to do the same. There were no given reasons why it was not possible.
How did South Africans react to the news?
The decision has sparked mixed reactions online, with many making light of it and finding the funny side.
McDavid King asked:
“Can women also start paying lobola😄?”
Glyn V Ngob's said:
“No more pressure for paying Lobola to our wife’s parents now. They can also pay lobola to our families. Aiy, our country😆.”
Triple Ssc Triple Ann added:
“Foreigners won again. Now they will marry our sisters and change their surnames. We must be prepared to meet Okwonkwo Buthelezi, Chikwembera Mkhize, Uche Dlamini, and Onyekachi Nkosi.”
Collin Khavamba asked:
“Which man in his right mind would want to adopt a surname of a woman?”
Emmanuel Katlego BoiLuse questioned:
“Does it mean now that women can pay lobola for their husbands, and also pay for damages when they're pregnant?”
Comfort Metiso suggested:
“Culturally, there is something that would be amiss eventually, like "isithakazelo". The clan names, how would they be like? A combination, or both said separately? 🤭 Or perhaps it would be like the current state that applies to the married wife. And what surname would the children use?”
Patience Ndimande stated:
“As a South African woman, I'm saying this is nonsense.”
Lerato Mahlanya said:
“So, women can now pay lobola (groom price)😁.”
Bono BonoKuhle stated:
“Our ancestors will be angry at us as men.”
Lebogang Kapa noted:
“African culture is diminishing. How can we link the issue of culture and Western law?”
Woman refuses to take husband's surname
Briefly News reported that a lady on TikTok opened up about her take on modern-day marriage.
In a video which sparked a lot of reactions, she stated why she refuses to change her surname after becoming a wife.
Other South African women came forward to share their thoughts on how they feel about creating their own families.
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Source: Briefly News
