ConCourt rules men can assume wives’ surnames

Men will now be able to assume their wives’ surnames, should they choose to do so. This after the Constitutional Court confirmed – in a judgment on Thursday, 11 September 2025 – that Section 26(1)(a) to (c) of the Births and Deaths Registration Act is unconstitutional insofar as it unfairly discriminates on the basis of gender, by failing to afford men the right to assume the surname of women after marriage.

This after the applicants, two married couples Jana Jordaan and Henry Van Der Merwe as well as Jess Donnelly-Bornman and Andreas Nicolas Bornman turned to the Apex court in March this year for a confirmation of invalidity against the said section. SABC News Senior Reporter Canny Maphanga filed this report.

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