A Surname, a Story, and a Step Towards Equality

When Henry van der Merwe married Jana Jordaan in 2021, he jokingly stated how nice it would be to become ‘Mr Henry Jordaan’. For Henry, it wasn’t just about romance; it symbolised the start of a new life together. Imagine his shock when they approached the Department of Home Affairs, hoping to turn this dream into reality, only to be met with a rude awakening that it wouldn’t be possible.

Section 26(1)(a) – (c) of the Births and Deaths Registration Act 51 of 1992, “the Act” only made provision for wives to take up their husband’s surname, not vice versa. If Henry wanted to change his surname, he would have to go through a lengthily, costly and complicated process. Jana, on the contrary, only needed to complete and sign a simple form and she would become ‘Mrs Van der Merwe’ overnight.

“It felt like the law didn’t see us as equals” Henry said. “Why should my wife have the option, but not me?”

Andreas Bornman and Jess Donnelly-Bornman shared similar sentiments and together with Henry and Jana, challenged the Act in Court. On 11 September 2025, the Constitutional Court ruled in their favour.

Justice Leona Theron, writing for a unanimous bench, stated that the Act was outdated and discriminatory based on gender. She explained that a surname is more than just letters on an Identity document; It’s about identity, dignity and the right to choose. Denying men the same rights as women was unconstitutional.

The Constitutional Court gave Parliament two years to remedy the Act or pass new legislation so that both men and women have equal rights to:

1. Take their spouse’s surname after marriage,

2. Return to a previous surname after divorce or widowhood, and

3. Add a previous surname to their current one.

Why It Matters

For some, this may seem like a small detail, just unnecessary paperwork than it's worth. But for others, surnames carry a deeper meaning. They tell the stories of family history; they forge identity and often reflect cultural and personal choices.

By confirming that the current legislation regulating surnames is unconstitutional, the Constitutional Court recognised that equality extends beyond the big battles and values the daily matters that impact people’s personal lives.

Concerns Moving Forward

Still, questions remain. Is Home Affairs ready to implement these changes smoothly? What happens to previous cases where spouses were denied surname changes - will the new law apply retroactively?

And then there’s the social side; Some worry that breaking tradition may stir tension in families or communities where it is still deemed customary to take the husband’s surname. Others welcome this new change as a step towards a society where couples can shape their own paths without the law tying them down to outdated traditions.

A Quiet Revolution

For Henry and Jana, the ruling may seem small, but it is a powerful victory. “It’s not just about names,” Jana said. “It’s about respect. It’s about saying we both matter equally in this marriage.”

This judgment represents more than a legal victory.  It is the start of a quiet revolution in how South Africa addresses identity, tradition, and equality in an ever-evolving society.

Written by: Maret Carroll
Moderated and approved by: Rohula Kgabu

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