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In a recent landmark judgment, the constitutional court of south africa declared certain provisions of the births and deaths registration act unconstitutional, marking an important step forward in the promotion of gender equality. The constitutional court’s judgment declared the former provision discriminatory, patriarchal, and inconsistent with the equality rights enshrined. The concourt has confirmed that.
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The author contends that the concourt ruling addresses the exercise of state power, not a transformation of ‘our’ culture, because a surname is a product. In a historic victory for gender equality, south african men can now legally adopt their wives’ surnames after marriage, thanks to a constitutional court ruling. The constitutional court of south africa has declared sections of the births and deaths registration act unconstitutional, opening the way for men in south africa to assume their wives’ surnames after marriage.
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The constitutional court has ruled that men may assume their wives’ surnames, declaring section 26 (1) (a) to (c) of the births and deaths registration act 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.
Background to the case under the previous law, women were permitted to assume their husband’s surname upon marriage, or to revert to. A case in which two men are seeking to take their wives’ surnames was heard in the constitutional court yesterday. In a groundbreaking decision advancing gender equality, south africa’s highest court has ruled that men are legally entitled to take the surnames of their wives, overturning a law that had previously restricted them from doing so. On thursday, the concourt confirmed that sections of the.
The court declared sections 26 (1) (a) to (c) of the births and deaths registration act invalid, finding them discriminatory. The constitutional court of south africa delivered a groundbreaking ruling on 11 september 2025, allowing husbands to take their wives’ surnames without undue restrictions, marking a significant step towards gender equality in marriage laws. The recent constitutional court judgment allowing men to legally assume their wives' surnames undermines african cultures, traditions and spirituality as it affects family lineage which usually. The constitutional court of south africa (concourt) has ruled that husbands are now permitted to legally adopt their wives’ surnames.
