Viral: Top court in South Africa allows men to take wife's surname, netizens react

In a decision coming to be celebrated and applauded on the internet, South Africa's highest court ruled that husbands can take the surname of their wives, overturning a law that prevented them from doing so.The Constitutional Court ruled that the law was a "colonial import" that amounted to gender-based discrimination. It was described so, because it was introduced in South Africa during the years of white-minority ruleThe decision came as a victory for two couples who brought the case to the court. While Henry van der Merwe was denied the right to take the surname of his wife Jana Jordaan, Andreas Nicolas Bornman could not hyphenate his surname to include Donnelly, the surname of his wife, Jess Donnelly-Bornman, reported the public broadcaster SABC.

The couples argued that the law was archaic and patriarchal and violated equality rights enshrined in the constitution that South Africa adopted at the end of apartheid in 1994.While they successfully challenged the law in a lower court, they asked the Constitutional Court to confirm its ruling. "In many African cultures, women retained their birth names after marriage, and children often took their mother's clan name" but this changed after the "arrival of the European colonisers and Christian missionaries, and the imposition of Western values".

"The custom that a wife takes the husband's surname existed in Roman-Dutch law, and in this way was introduced into South African common law."This custom also came into existence as a result of legislation that was introduced by countries that colonised African countries south of the Sahara," the court said.What's next? Well, the parliament will now have to amend the Births and Deaths Registration Act along with its regulations so as to let the ruling take its effect.

Neither Leon Schreiber, the Minister of Home Affairs, nor Mamoloko Kubayi, the Minister of Justice and Constitutional Development opposed the two couples' application, agreeing that the law was outdated.

Netizens react to the court's ruling

The African societies also follow matriarchy where adopting the wife's surname was a tradition that changed during the white-minority rule. Thus, the court bringing back a piece of the original tradition to society is a decision that is being appreciated by many on the internet."This was once a feature of the African matriarchal system. Males were known as the sons of their mothers. This was a time when lineage was traced through the mother because the mother was the most reliable determinant of paternity. Kingship was also passed down through the mother. This only changed when Africa was invaded by foreigners who brought their own patriarchal religions and culture to the continent," wrote a person on X, expressing their views."Simping" quipped one."i’m currently using my wife’s surname and I’m in Nigeria," shared another."That's only if she pays my groom price and threat me like a prince🤗🤩," stated one."South Africa out here rewriting tradition with style! If Mr Eazi had married Temi Otedola under this new ruling, we might be calling him Mr Otedola today. Imagine the flex, Eazi Otedola sounds like a luxury fashion line already. Love wins, and now surnames can too!" appreciated another.