A Constitutional Court to Rule on Gender Bias in Surname Adoption.

A Constitutional Court to Rule on Gender Bias in Surname Adoption.

Pretoria, South Africa - September 10, 2025 - In a landmark case that could redefine marital rights and challenge deep-rooted gender norms, the Constitutional Court is poised to deliver its judgment on Thursday, September 12, regarding the constitutionality of Section 26(1)(a) to (c) of the Births and Deaths Registration Act 51 of 1992. At the heart of the dispute is whether these provisions unfairly discriminate against men by denying them the ability to adopt their wives' surnames upon marriage a right currently reserved exclusively for women.

The case stems from a 2019 application by businessman Pieter van Vuuren, who sought to change his surname to his wife’s after their marriage in 2017. Van Vuuren argued that the law's asymmetry violates Section 9 of the Constitution, which prohibits unfair discrimination on grounds including gender, and undermines the equality principle in Section 8. Under the current Act, women can assume their husband's surname with relative ease, reflecting traditional patriarchal structures where a wife's identity aligns with her spouse's. However, men face stringent requirements, such as proving "good cause" for a name change, often involving lengthy Home Affairs processes and fees that can exceed R400.

Van Vuuren's challenge highlights a broader societal shift. "Marriage should be about partnership, not one-sided assimilation," he stated in court papers. Supported by the Women's Legal Centre as an amicus curiae, the applicants contend the law perpetuates gender stereotypes, forcing women into symbolic subordination while barring men from similar choices. Critics, including the Department of Home Affairs, counter that the provisions protect family lineage and administrative consistency, but opponents argue this ignores modern realities where dual-career couples and egalitarian values prevail.

The Equality Court in Johannesburg ruled in 2021 that the sections were unconstitutional, a decision upheld by the Supreme Court of Appeal in 2023. Now, the apex court’s ruling could strike down or amend the law, potentially allowing men automatic surname adoption options like women. Legal experts anticipate far-reaching impacts: from family law to cultural debates on identity in a post-apartheid South Africa striving for true equality.

As the nation awaits the verdict, this case underscores the ongoing battle against subtle discriminations embedded in everyday laws. Will the court extend the hand of equality, or uphold tradition? The judgment, set for 10 a.m. at Constitution Hill, promises to be a pivotal moment.