JOHANNESBURG - The Constitutional Court has ruled that husbands can now legally adopt their wives’ surnames.
The landmark decision is aimed at promoting equality.
But instead of uniting South Africans in celebration, the ruling has opened a flood of debate on social media and in conversations with eNCA.
For Fanya Mambo Africa, the judgment is “represents a significant step towards gender equality in South African family law”.
READ | Husbands can now adopt wives’ surnames, ConCourt rules
Yet another user slammed the ruling, saying: “The Constitutional Court and the Constitution are the foundation of the destruction of our essence of being. This Constitution has to be revoked for the restoration of our values and norms.”
Another user questioned the practicality of the decision.
Others told eNCA they believe the ruling clashes with customs and tradition, where women typically take their husband’s surname as a symbol of joining the family.
The Constitutional Court has struck down parts of the Births and Deaths Registration Act, ruling they unfairly discriminate against men.
Until now, only women could automatically take their husband's surname after marriage.
Men had to seek permission from Home Affairs to use their wife's surname, with no guarantee of approval.
READ | Marriage law in SA | Husbands get right to adopt wives' surnames
The apex court has given Parliament 24 months to amend the law, affirming that both spouses must enjoy equal rights when choosing surnames.
Family law expert Advocate Muhammad Abduroaf says the decision means a complete overhaul of Department of Home Affairs processes.
“The act was solely meant for wives and females who wanted to change their surname to that of their husband. Now there has to be a total overhaul of the processes within the Department of Home Affairs. This includes creating new regulations and forms, which will be a timely process,” he explained.