Two South African men in the Free State Province will now use their wives' surnames after their spouses successfully challenged the constitutionality of section 26(1) of the Registration of Births and Deaths Act which they say is, among other things, archaic and patriarchal.

The wives together with their husbands challenged the constitutionality of section 26(1) of the Registration of Births and Deaths Act due to alleged gender discrimination.

The first and second applicants were married in 2021 but were unable to have the husband assume the wife's surname due to department of home affairs restrictions. Their daughter carries a surname they did not intend to be their family name. The third and fourth applicants, Jess Donnelly-Bornman and Andreas Bornman married in 2022 and faced similar issues when trying to have the husband adopt a hyphenated surname combining both their names.

The two couples argued that the act and the regulations perpetuate gender norms set by a patriarchal society that entrenches gender inequality. They alleged that this amounted to discrimination based on sex and gender, violating constitutional equality rights.

They sought to have relevant sections of the act and regulations declared unconstitutional for unfairly discriminating against men in surname changes related to marriage. They argued that the current law is archaic, patriarchal, and incompatible with constitutional values of equality regardless of sex, gender, or marital status.

According to judge Joseph Mhlambi, the first couple – who have not been named – discussed the issue of the surnames when they started dating in 2014 and had always intended that the husband would assume the wife's surname should they get married.

That is because it was her biological parents' surname and symbolised her connection to them.

“They passed away when she was four years old. She has no intention of ever changing her surname, and she explained this to the second applicant at an early stage of their relationship, around 2014,” said the judge.

Regarding the second couple, Donnelly-Bornman is an only child who has stated that her maiden surname is important to her.

“Before their marriage, she informed [her husband Bornman] that she preferred to keep her maiden surname and would rather hyphenate [Bornman's] surname with her own. Both did not wish to have different surnames from each other and their children. They preferred to combine their surnames to reflect their familial unit.”

“They were married on April 2 2022 in Knysna. On completing their marriage certificate, they realised that though a provision was made for the female spouse to change her surname, no such provision existed for the male spouse,” Mhlambi said.

The Free State Society of Advocates joined the challenge as amicus curiae (friends of the court) and argued that by restricting a man's right to assume their wife's surname, the law violated the principles of gender equality and perpetuated harmful stereotypes, as men are denied a choice that is available to women.

The court had to determine whether the act and its regulations unfairly discriminated based on gender and violate constitutional equality rights.

Judge Mhlambi said he was satisfied that the two couples had established their entitlement to the relief sought and found that the provisions are inconsistent with the constitution due to gender-based discrimination.

He also declared Section 26(1)(a)-(c) of the Births and Deaths Registration Act and Regulation 18(2)(a) of the related regulations unconstitutional due to gender-based discrimination. The court also ordered the department of home affairs to amend the relevant surnames as requested.

The declaration of invalidity was suspended for 24 months to enable the president and his cabinet, together with parliament to remedy the defects by either amending existing legislation, or passing new legislation within two years to ensure that male people are afforded the right of assumption of another surname.

National Feminization of Men at its peak

Useless Men....
God punish them

Now EVERYBODY will know who wears the trousers in a marriage.

Whatever rocks thier boat

They are mad.

Feminists are not giving up on destroying patriarchal societies

And the 21st century feminization of the male gender continues!

Very soon, the appellation "Man of the house" would be a matter of choice between the male and female couple in a marriage. That time, the one who calls the shuts in the union would no longer be determined by sex organs.
It's already happening sef.

WannaHowzit, this is remarkable. I'm coming to SA next year and my surname will be Khumalo.

Infact I'm changing my first name to Thabang. I'd be known henceforth as Thabang wa Khumalo.

If they do it in Nigeria.

A particular tribe will struggle, give up their right hand just to take Yoruba names.

I was shocked when Papa Chukwudi swore with Amadioha that he doesn't mind tribal marks just to be Yoruba.

Feminist winning in SA. Bunch of pvssy a$$ lazy men over there.

Meanwhile if you have issues with loan apps incessant calls and threats for not meeting up debt deadline send me a DM on WhatsApp (zero7zero6523591zero)

Imagine

Black people

Foolishness at its peak

Even if u like all the population (both the Caucasian and the black ) call adopt lucky dube's or Oscar pistorius maternal names for all we care

Bro that is ur corntree family everlasting problem, we care less here

wiseone28:
White masters detecting everything for the slaves

SA slaves keeping you up at night? How's Chidimma - still traumatized and wailing in pidgin on BBC? 🇳🇬👎🏾💩💩💩 SA really caused you guys national trauma 😂😂😂😂

CollectMoney:
WannaHowzit, this is remarkable. I'm coming to SA next year and my surname will be Khumalo.

Infact I'm changing my first name to Thabang. I'd be known henceforth as Thabang wa Khumalo.

That's a Sotho first name and Zulu surname.

Thabang means Rejoice btw. We're the people of the snowy mountain kingdom of Lesotho and Free State Province in SA.

PerfectStranger:
Feminist winning in SA. Bunch of pvssy a$$ lazy men over there.

[)

How many grams of drugs have you sold today hardworking developer? Scammed any old white ladies online? Very hardworking (applause)🇳🇬👎🏾💩💩💩

WannaHowzit:


How many grams of drugs have you sold today hardworking developer? Scammed any old white ladies online? Very hardworking (applause)🇳🇬👎🏾💩💩💩

I don't need to scam to pay my bills,I don't do drugs either. South African men are lazy, weaklings and SIMPs, sorry if you're a South African but truth is bitter

PerfectStranger:

I don't need to scam to pay my bills,I don't do drugs either. South African men are lazy, weaklings and SIMPs, sorry if you're a South African but truth is bitter

So says a Nigerian man that has failed to develop his country after 64 years of independence and massive oil reserves 🇳🇬👎🏾👎🏾👎🏾 Your mission in life is to japa and go be a parasite in other people's lands while 'developing' it with your natural crime and grime 🇳🇬💩💩💩💩 Do you even know what a good road or 24 hr electricity is? 😂😂😂😂

WannaHowzit:


That's a Sotho first name and Zulu surname.

Thabang means Rejoice btw. We're the people of the snowy mountain kingdom of Lesotho and Free State Province in SA.

Basotho of Lesotho.

I'd rename myself. I'd be known as Bongani wa Khumalo.

It has always been like that in Ethiopia. No big deal for me as names have no real significance.

Sapasenator:
It has always been like that in Ethiopia. No big deal for me as names have no real significance.

. Names have real significance. Great people are remembered not only for their works but also by their names.eg Albert Einstein, Michael Faraday etc

WannaHowzit:


So says a Nigerian man that has failed to develop his country after 64 years of independence and massive oil reserves 🇳🇬👎🏾👎🏾👎🏾 Your mission in life is to japa and go be a parasite in other people's lands while 'developing' it with your natural crime and grime 🇳🇬💩💩💩💩 Do you even know what a good road or 24 hr electricity is? 😂😂😂😂

You're not serious

Happy holidays to you from here

Jman06:
. Names have real significance. Great people are remembered not only for their works but also by their names.eg Albert Einstein, Michael Faraday etc

What significance?

Sapasenator:


What significance?

Well, in my Igbo culture, name is very significant and just like we try to preserve our gene pool, we also ensure to preserve family names. Preserving names helps to pass down family values and good virtues from generation to generation

SA is gradually turning to land of simps. Too bad.