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The Conversation
The Conversation
Anthony Diala, Professor of African legal pluralism and Director, Centre for Legal Integration in Africa, University of the Western Cape

South African men may now take their wife’s surname – why traditional leaders are upset

A South African traditional wedding. Azekhoria Benjamin/Wikimedia Commons, CC BY-SA

A unanimous Constitutional Court ruling has sparked fierce controversy by affirming the right of South African men to adopt their wives’ surnames if they wish to.

It emerged from a lawsuit against the Department of Home Affairs by Henry van der Merwe, who was denied the legal right to take the surname of his wife, Jana Jordaan, and Andreas Nicolas Bornman, who could not hyphenate his surname to include the surname of his wife, Jess Donnelly-Bornman. They asked the judges to confirm an order of constitutional invalidity granted by the High Court in Bloemfontein.

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