The Constitutional Court is expected to deliver a landmark judgment on whether current laws governing surname changes after marriage unfairly discriminate against men.
At the centre of the case is Section 26(1)(a) to (c) of the Births and Deaths Registration Act, which regulates how married individuals may change their surnames.
Brought the matter before the court
Two South African couples – Jana Jordaan and Henry van der Merwe, and Jess Donnelly-Bornman and Andreas Nicolaas Bornman – brought the matter before the court after being denied the right to assume or hyphenate surnames that incorporate their wives’ names.
Van der Merwe was reportedly refused permission by Home Affairs officials to take his wife’s surname, while Bornman was not allowed to hyphenate his surname to include his wife’s.
They argue that these restrictions reflect outdated gender norms and violate the constitutional right to equality.
The matter previously went before the Bloemfontein High Court, which ruled in favour of the applicants.
The court found that the provisions in question were unconstitutional and ordered the Department of Home Affairs to rectify affected records, pending amendments to the law.
The applicants are now asking the Constitutional Court to confirm that order – a necessary step in constitutional challenges.
‘Do not oppose the application’
Notably, both the Minister of Home Affairs and the Minister of Justice and Constitutional Development have indicated they do not oppose the application, effectively leaving the final decision in the hands of the Constitutional Court justices.
Legal experts say the ruling could have significant consequences, potentially requiring Parliament to revise long-standing regulations and administrative practices surrounding identity documents and surname registration.
While the case is rooted in administrative law, it has deep personal resonance.
Applicant Jana Jordaan has described her surname as a powerful symbol of family memory, highlighting the emotional stakes for those seeking recognition of their chosen identities.
Whatever the Constitutional Court decides, the judgment is expected to shape how South Africans navigate surname changes and formalise family identities in the years to come.
Should husbands legally be allowed to assume their wives’ surnames if they so wish?
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