Un epochal change, shakes the foundations of one of the oldest marriage traditions in South Africa (and not only): Even men will finally be able to choose to take on the wife’s surname. One established it, to say the least, the historic sentence of the Constitutional Court which defined the previous law, a colonial legacy and a clear gender discrimination. A decision that marks a decisive step towards equality, sweeping away a custom that no longer finds a place in modern South African society.
War of Surnames: Revolution in South Africa
The sentence comes after the legal battle of Henry van der Merwe And Jana Jordaan And Andreas Nicolas Bornman And Jess Donnelly-Bornmantwo couples who have challenged a system that denied them the freedom of choice. For Henry, the desire to take the wife’s surname, was motivated by a profound reason: for Jana, The surname Jordaan was the only link with the deceased parents. Likewise, Andreas and Jess, the only daughter, wanted the woman’s surname, Donnelly, became an integral part of the identity of their new family.
The end of a colonial legacy
The court fully accepted the arguments of the two couples. Judge Joseph Mhlambi gave them right, underlining how The law in force was “a colonial import” who had no longer placed in a society that made giant steps towards gender equality. The Constitutional Court highlighted how, before the arrival of European colonizers and Christian missionaries, Many African cultures expected women to maintain their birth name And that the children could take on the mother’s surname. Both the Minister of Internal Affairs and the Minister of Justice, they agreed that the law was “obsolete”. Now, the South African Parliament will have 24 months to modify the law Births and Deaths Registration Actensuring that men have the full right to choose their surname after the marriage.
The historic sentence of the South African Constitutional Court puts an end to decades of gender discrimination (Getty)
And in Italy? The current situation
The situation in Italy is very different. Historically, The surname was a symbol of the paternal lineage. As for the spouses, in fact, the situation is still linked to a traditional vision. Italian law, in fact,, does not provide that her husband can take on his wife’s surname, neither as a main surname nor as an addition. The woman, by tradition and by virtue of an ancient rule, can add to her husband’s surname, while maintaining her surname by birth.
The turning point of the surname to the children
Until recently, moreover, the father’s surname was the only one who could be given to the children. Only in 2022, a historic sentence of the Constitutional Court sanctioned the unconstitutionality of this rule. The sentence established that The parents, by mutual agreement, can give the son the father’s surname, that of the mother or both, in the order they prefer. In the case of disagreement, the children will receive both surnames.