South African men gain the right to adopt wives' surnames, sparking nationwide debate

In a landmark ruling by South Africa’s Constitutional Court, a law prohibiting husbands from adopting their wives' surnames has been overturned.

This decision stems from the cases of two couples who argued that the outdated legislation was both a “colonial import” and a form of gender-based discrimination.

The court's ruling sparked widespread debate across social media platforms, with opinions sharply divided on the implications of such a change.

Popular polygamist Musa Mseleku publicly voiced his disapproval of the ruling, describing it as “Eurocentric” and detrimental to the essence of diverse cultural identities.

He stated that allowing men to take their wives' surnames poses a risk of cultural dilution, potentially leading them to "lose themselves" in mainstream societal norms.

"The decision to grant men to take their wives surname is eurocentric and it undermines the spirit of different cultures. It poses a danger of men to be diluted and lose themselves in the main," he said in an Instagram post.

The ruling stemmed from the experiences of Henry van der Merwe and Andreas Nicolas Bornman.

Van der Merwe wished to take the surname of his wife, Jana Jordaan, while Bornman sought to hyphenate his surname to include that of his wife, Jess Donnelly-Bornman.

Both men were denied this right under the previous law.

Notably, neither Minister of Home Affairs Leon Schreiber nor Minister of Justice and Constitutional Development Mamoloko Kubayi opposed the couple’s application, recognising the law as outdated.

Responses to the ruling have been polarised, reflecting the deep cultural roots surrounding surnames in South Africa.

Penuel Mlotshwa (@GodPenuel) expressed strong support for the decision, arguing that it empowers men to make personal choices regarding their identities.

"We come from a history where women have to take men's surnames. Why can't a man take a woman's surname?"

Mlotshwa posed, highlighting the need for respect in the choices couples may wish to make together.

In stark contrast, Zolani Mkiva, general secretary of the Congress of Traditional Leaders of South Africa (CONTRALESA), dismissed the ruling as laughable and warned of its potentially destructive consequences for families and society.

He suggested that such decisions undermine the cultural structures inherent in African societies, where surnames carry significant meaning regarding lineage and identity.

"We think that a ruling of this nature is sowing the seeds of division," Mkiva said, indicating that a collective challenge against the ruling is forthcoming.

Social media users added to the chorus of opinions, with one user, @bryansetuke, asserting that the court's decision conflicts with cultural norms, positing that a surname is sacred and integral to one’s bloodline.

Meanwhile, another user, @MbekezeliMB, attempted to clarify the ruling, stating that the court did not mandate men to change their surnames but affirmed their right to choose to do so without legal barriers.