₦airaland Forum

The Constitutional Court, South Africa's highest Court has handed a landmark ruling on husbands taking up the surname of their spouses.

Section 26 (180)C of the Births and Deaths Registration Act 51 of 1992 is declared unconstitutional to the extent that it is in violation of section 9(1) of the Constitution. It violates irrationally on the ground of gender to the extent that in violation of Section 9(3) of the Constitution, it unfairly discriminates on the ground of gender by failing to afford a woman the rights to have her spouse assume her surname, failing to afford a man the rights to assume the surname of the woman after marriage, failing to afford a married or divorced man or widower the rights to resume a surname which he bore at a time and failing to allow a married or divorced man or widower to add to the surname which he assumed after the marriage or any surname which he bore at any prior time.

Ruling was delivered by Justice Leona Valerie Theron


BACKGROUND OF THE SUIT
The suit was filed by two applicants with almost similar backgrounds.

The first applicant, Jana Jordaan lost her parents when she was four, so she explained to her partner and later husband, Henry van der Merwe, that she bore the intention to keep her surname as the only connection to her parents. Van der Merwe had pledged to support Jana, by taking her surname so that the family can be known as the Jordaans. At the time of their solemnisation in July 2021, this request was turned down by the Home Affairs, so they opted to keep their individual surnames, their only daughter bears der Merwe.

However, in October 2021 Jana discovered in a voter registration portal, her name referenced Jana Van der Merwe and decided to challenge same in Court.


The second applicant, Jess Donnelly is an only child and opted to keep her maiden surname. Her partner at the time, Andreas Bornman agreed and they chose to take a hyphenated surname, Donnelly-Bornman. After their solemnisation in April 2022, they decided to make it formal but met a brick wall in the Home Affairs who acceded to Jess' request but informed Andreas he couldn't change his surname. They were informed that under the Births and Deaths Registration Act, 51 of 1992, this was not permitted.

Both applicants challenged same at the High Court in Free State, Bloemfontein. In September 2024, the Court ruled that men could take the surname of their wives if they choose to, this was summarily challenged at the ConCourt, South Africa's highest ruling Court. The Court held that such laws discriminate against sex/gender and impedes on the equality and dignity right of the individual as enshrined in Section 9 of the Constitution of South Africa.

This can shift and change the general, cultural and biblical ideas that made the man head of the family.

Which kind nonsense be this again…… a win for feminists I guess

I hereby adopt fergie001 surname, ahead ahead. It's long over due even here in naija

Arogbenga:
This is serious. This is shifting the general and biblical ideas that made the man head of the family

You sef, No b every body be Jew or Christian. Oya knock ya sef

What is happening in South Africa?

Why are the men so EAGER and COMFORTABLE to despoil their lineage and become the woman in their relationships.

The idea that retaining your maiden name is somehow an HOMAGE to their family is RIDICULOUS.

NOBODY knows who these people are.
It's unlikely that ANYBODY would ever know who this people.

Refusing to take your husband's surname is an INSULT to that husband.
It means she doesn't value the husband enough.
She thinks he's UNWORTHY!

NO woman alive would refuse a surname like Dangote, Musk, Otedola etc.
Even if she were orphaned.

Refusal to take your husband's name is a REJECTION of the man and his leadership.

It's an INSULT!

But a husband who not only accepts that but DROPS his own surname to take his wife's name is CURSED!

Arogbenga:
This can shift and change the general, cultural and biblical ideas that made the man head of the family.

Anyone who pays the bills is the head of the family. Period.

When all their men can do is lazy around, why won't they be emasculated? Na Nigerians and other Africans be their problem

South African men gradually becoming feminist always weird news coming from that country

Whaddahell these inkhatha people talking about!?

So some people called judges sat down to come up with something like this and it will be considered final?

Lol he beta make everybody dey bare dere Papa name....



Abi which kain drunk judgement be this....



Well nothing wey SIMPle Men no go wan try Sha

Seems South African men are vegetables
Seems South African men are vegetables
Seems South African men are vegetables
Seems South African men are vegetables
Is it up to forty characters yet?

Justicleague1 will take PrincessFansFC surname.

As hubby

Arogbenga:
This can shift and change the general, cultural and biblical ideas that made the man head of the family.

In Nigeria a very popular man took the name of his wife's late husband in the early days of this country and nothing happened....."he took the name of his wife's late husband" abeg reason am and he was still a very prominent man.

Hayzead07:
Which kind nonsense be this again…… a win for feminists I guess

In Nigeria several women have always kept their maiden names.....abiola-edewor,awolowi-dosunmu,okoya-tejuosho,tinubu-ojo..... Noh be today the tin start!!

If stupid judges could legalize homosexuality, legalizing turning men into women and women into men in marriages is piece of cake. Even legalizing being a drugLord is a matter of time going with what we are seeing in Nigeria.

This is "abomiSouthAfrica"!


Chai! South African men are fast becoming sissies!

Our African forebearers must be turning in their graves right now and cussing out at the emasculated men of South Africa!

Namaster:
What is happening in South Africa?

Why are the men so EAGER and COMFORTABLE to despoil their lineage and become the woman in their relationships.

The idea that retaining your maiden name is somehow an HOMAGE to their family is RIDICULOUS.

NOBODY knows who these people are.
It's unlikely that ANYBODY would ever know who this people.

Refusing to take your husband's surname is an INSULT to that husband.
It means she doesn't value the husband enough.
She thinks he's UNWORTHY!

NO woman alive would refuse a surname like Dangote, Musk, Otedola etc.
Even if she were orphaned.

Refusal to take your husband's name is a REJECTION of the man and his leadership.

It's an INSULT!

But a husband who not only accepts that but DROPS his own surname to take his wife's name is CURSED!

A very worthy piece you dropped here. Values are being eroded and societies being turned upside down by insane folks. Truly any man who drops his surname for his wife's should be ostracized from the community of men. It's unthinkable!

Mandela fought in vain because all we have in that God forsaken country are weak men, I pour spit on their ugly bald heads

Lithiumite:
In Nigeria a very popular man took the name of his wife's late husband in the early days of this country and nothing happened....."he took the name of his wife's late husband" abeg reason am and he was still a very prominent man.

which man are you referring to?

xmhjxjxgbxjxfgjj

Namaster:
What is happening in South Africa?

Why are the men so EAGER and COMFORTABLE to despoil their lineage and become the woman in their relationships.

The idea that retaining your maiden name is somehow an HOMAGE to their family is RIDICULOUS.

NOBODY knows who these people are.
It's unlikely that ANYBODY would ever know who this people.

Refusing to take your husband's surname is an INSULT to that husband.
It means she doesn't value the husband enough.
She thinks he's UNWORTHY!

NO woman alive would refuse a surname like Dangote, Musk, Otedola etc.
Even if she were orphaned.

Refusal to take your husband's name is a REJECTION of the man and his leadership.

It's an INSULT!

But a husband who not only accepts that but DROPS his own surname to take his wife's name is CURSED!

Is the use of surname a tradition in any Nigerian ethnic group any one at all before colonisation??

IS SURNAME OUR CULTURE?
Among the Yoruba there was nothing like a permanent surname passed from generation to generation
Names had different meaning and usage e.g Oriki ,household, occupation accomplishments etc

Take some surnames today
Abiodun,
Adewale
Ademola
Abiola
Aina
Akinwunmi
Olayinka
Oyinlola
Taiwo,
Ojo
Idowu
Dada
Ajayi
Ige
Ilori
Salako
Babatunde
Fashola
Kayode
Falola


These are individual names that cannot really be family names but names adopted as surnames to fit European convention

Time to give men the right to demand groom price from women.
Enough of the bride list and bride price. We are not doing again!

If stupid judges could legalize homosexuality, legalizing turning men into women and women into men in marriages is piece of cake. Even legalizing being a drugLord is a matter of time going with what we are seeing in Nigeria.

South Africa is the black sheep in Africa, frequently accepting absurdities under the guise of being woke.

So after I don go marry finish, collect list, pay every every, I come take the woman's surname as my own abi.
E no de possible.
No need for court sef.
I wonder the sort of men that are so eager to take a wife's surname when she is not the queen of England.

Arogbenga:
This can shift and change the general, cultural and biblical ideas that made the man head of the family.

It won't. Headship is not about who's bearing whose name.

In any case, why do you think the government should have the power to stop you from taking any name you want?

Namaster:
What is happening in South Africa?

Why are the men so EAGER and COMFORTABLE to despoil their lineage and become the woman in their relationships.

The idea that retaining your maiden name is somehow an HOMAGE to their family is RIDICULOUS.

NOBODY knows who these people are.
It's unlikely that ANYBODY would ever know who this people.

Refusing to take your husband's surname is an INSULT to that husband.
It means she doesn't value the husband enough.
She thinks he's UNWORTHY!

NO woman alive would refuse a surname like Dangote, Musk, Otedola etc.
Even if she were orphaned.

Refusal to take your husband's name is a REJECTION of the man and his leadership.

It's an INSULT!

But a husband who not only accepts that but DROPS his own surname to take his wife's name is CURSED!

This is a personal choice like marrying another man. If you don't want to engage in this leave it and focus on your life and won't change nor affect your own personal beliefs

AJSfan:
When all their men can do is lazy around, why won't they be emasculated? Na Nigerians and other Africans be their problem

This got me laughing...

No mind the dunces. Dem olodo and mumu too much.

But, I doubt many who hits their chest shouting tufia would do same if someone like, maybe Cuppy demands it.

Imagine o, Otedola go jhus achieve too many son sharpaly

Jman06:
This is "abomiSouthAfrica"!


Chai! South African men are fast becoming sissies!

Our African forebearers must be turning in their graves right now and cussing out at the emasculated men of South Africa!

Did SA men turn gay when homosexuals marriages were legalized?. How does this concern a man who chooses to remain traditional?