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The highest court in South Africa has ruled that the spouses can take on the surname of their wives, repealing a law that prevented them from doing so.
In the victory for two couples who brought the case, the Constitutional Court ruled that the law is a gender -based discrimination.
Henry Van der Merve was denied the right to take his wife’s family Yana Jordan’s family while Andreas Nicolas Borman could not attach his surname to include Donoli, his wife Jess Donelli’s surname, reports the public presenter, SABC.
Parliament will now have to amend the Law on Birth and Death Registration, together with its provisions, in order to enforce the decision.
The two couples claimed that the law was archaic and patriarchal and violates the rights to equality, which were enshrined in the Constitution, which South Africa adopted at the end of the rule of white minority.
They successfully dispute the law in the lower court, the Supreme Court, but asked the Constitutional Court to uphold its decision.
The legal authority, the free state of state of the defenders, has joined the court case in support of the two couples.
He claims that by limiting a man’s right to accept his wife’s surname, the law immortalizes harmful stereotypes as he denies men’s choice to women, the news site in Sowet reports.