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Row over adoption of wives’ surnames

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September 15, 2025

A RECENT ruling by South Africa's Constitutional Court, which allows men to adopt their wives’ surnames, has stirred controversy, especially among cultural and community leaders, who voiced strong opposition to what they deem a destructive judgment.

- SIPHO JACK

Row over adoption of wives’ surnames

Congress of Traditional Leaders of South Africa (Contralesa) general-secretary Zolani Mkiva has been particularly vocal in hitting out at the ruling and announced the body’s intention to challenge it in court.

On Thursday, the Constitutional Court deemed certain sections of South Africa's Births and Deaths Registration Act, specifically those that offered women automatic rights to change their surnames post-marriage, divorce, or widowhood unconstitutional.

Before this ruling, women could seamlessly adopt their husband's surname or revert to a previous surname without bureaucratic hurdles, whereas men had to apply to the Director-General of Home Affairs for any surname change, a process considered cumbersome and discriminatory.

In his response, Mkiva described the decision to allow men the option to take their wives’ surnames was laughable. He warned that it could unravel the very fabric of families and communities.

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