Men can assume wives’ surname, Constitutional Court orders

Men will now be able to assume their wives’ surname, 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. The court says it unfairly discriminates based on gender by failing to afford men the right to assume the woman’s surname after marriage.

This followed the applicants, two married couples, Jana Jordaan and Henry Van Der Merwe, as well as Jess Donnelly-Bornman and Andreas Nicolas Bornman, who turned to the apex court in March this year for confirmation of the invalidity of the said section.

SABC News Senior Reporter Canny Maphanga filed this report.

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