The Constitutional Court’s 11 September 2025 ruling, which found sections of the Births and Deaths Registration Act unconstitutional for preventing husbands from adopting their wives’ surnames, has ignited intense national discussion (SAFLII 2025; TimesLIVE 2025). While Parliament and the President have 24 months to amend the law, South Africans are already debating its potential impact on culture, gender dynamics and citizenship.
On social media, many expressed outrage and anxiety. In one Facebook post from Mmametlhake, Mpumalanga, a user suggested that the law could be exploited by male foreigners to gain citizenship through marriage, warning that “foreigners will marry South African women, take their surnames, and then get jobs freely, even if they arrived illegally.”
Another commenter wrote that “women are celebrating and not seeing the danger in this law. All they care about is being spiteful to men.” These sentiments show how fears about economic vulnerability, immigration, and cultural erosion have become intertwined in public opinion.
Vocal critic
Among the most vocal critics is a 2017 Activator (one of the members of the ACTIVATE! Change Drivers network), Sizolwenkosi Mordecai Ndlovu, who is also a global campaign director of Men In Black Doeks, an author of Men As Allies To Gender Equity, and a podcaster at Dad In The Shadow.
Ndlovu argues that the change “is completely wrong… It goes against our African culture and undermines the dignity of men and women in South Africa”. He also questioned the decision-making process, asking, “Where was the public engagement by the President? Which traditional council was consulted? Or does the government rule itself nowadays?”
In addition, he warned that the reform “does not only disempower men but also women in a traditional family context… It strips men of the little dignity and way of life we strive for.”
Mobilising resistance
To mobilise resistance, he launched the #NotInMyHouse campaign, reflecting widespread unease about cultural shifts.
Yet the ruling of the Constitutional Court is not an immediate overhaul but a legal correction. The Court held that denying men the choice to adopt their wives’ surnames was discriminatory, giving Parliament and the President two years to address the issue (BusinessTech 2025; IOL 2025).
The option does not force any couple to deviate from tradition; it simply broadens choice. Many South Africans will likely continue the conventional practice of women taking their husbands’ surnames. Others may opt for hyphenated or alternative arrangements that better reflect their values. The Court’s action can thus be understood as part of South Africa’s ongoing effort to balance constitutional rights with cultural heritage.
Culture and tradition
This moment also recalls earlier societal changes that initially faced resistance but later became normal. The entry of women into schools and the labour force, once labelled anti-cultural, is now an accepted feature of South African life. Change often meets opposition before society adapts. Recognising this pattern can help temper today’s anxieties without dismissing legitimate concerns about culture and tradition.
Fears about opportunism and citizenship exploitation, while understandable, may oversimplify broader immigration and economic issues. Legal frameworks already exist to regulate citizenship applications and employment eligibility.
Structural unemployment and economic inequality cannot be attributed to a single legal reform. Similarly, the perception that women uniquely “love money” reflects gender stereotypes, when in reality financial ambition and need cut across genders and communities.
Inclusive dialogue
What emerges from this debate is the importance of inclusive dialogue. Ndlovu’s criticism regarding a lack of consultation underscores the need for the government to engage traditional leaders, civil society, and ordinary citizens.
A participatory process could help reconcile constitutional mandates with cultural values, strengthening both democracy and social cohesion.
In conclusion, the surname debate is less about names than it is about identity, culture, and citizenship in a transforming society. It presents an opportunity to engage constructively with difficult questions of gender equality, cultural preservation, and national belonging. The ruling has not dismantled tradition but opened a conversation about choice and fairness.
South Africans can navigate this transition respectfully, acknowledging fears while recognising that culture, like law, evolves.
Mpho (MrSir) Matlhabegoane is one of the A! Hub Writers, and the Host of A! Heartbeat Podcast, within the ACTIVATE! Change Drivers organisation. He became an Activator in 2019, and through Activate! Change Drivers, he underwent educational training with Programmes such as SWITCH Entrepreneurship Programme, National Mentorship Movement with Printing SA and Citizen Journalism with The University of Witwatersrand (Wits). He is a Mental Health Awareness Advocate, and to spread mental health awareness, he authored and published three books that are accepted by Gauteng Department of Education as of 2023, namely: The Story of MrSir (Word For The Record), Expanding The World Of Nerds, and Views and Emotions (Poetry Journal of MrSir).
References
- BusinessTech. 2025. Big changes for surnames in South Africa. [Online] Available at: https://businesstech.co.za/news/government/837351/big-changes-for-surnames-in-south-africa/ [Accessed 13 September 2025].
- IOL. 2025. Husbands can take wives’ surnames, says Concourt. [Online] Available at: https://www.iol.co.za/news/crime-and-courts/2025-09-11-husbands-can-take-wives-surnames-says-concourt/ [Accessed 13 September 2025].
- SAFLII. 2025. Minister of Home Affairs v. N. & Others (ZACC 19). [Online] Available at: https://www.saflii.org/za/cases/ZACC/2025/19.html [Accessed 13 September 2025].
- TimesLIVE. 2025. Husbands can now legally take wives’ surnames, says Concourt. [Online] Available at: https://www.timeslive.co.za/news/south-africa/2025-09-11-husbands-can-now-legally-take-wives-surnames/ [Accessed 13 September 2025].
