SIBONGAKONKE SHOBA | Ruling on wives' surnames confirms SA's status as constitutional democracy, but I'll keep my name

SA is indeed alive with possibilities – I can now legally change my name to Sibongakonke Zulu.

It has a good ring to it, doesn’t it? Inheriting this name from my in-laws could come with a lot of perks – especially if I happen to be in the presence of King Misuzulu kaZwelithini’s subjects from the Zulu kingdom.

I might immediately be regarded as royalty – and earn the title of umntwana – Prince. Carrying the Zulu name would also mean I won’t have to explain myself, as is the case with the Shoba surname.

The only question they could ask is how far down the royal lineage my family is located. I imagine with a bit of creativity on my side, my new surname could open a few doors.

This is now possible thanks to a Constitutional Court judgment delivered yesterday. The case was brought by two Free State couples, Jana Jordaan and Henry van der Merwe, who were married in 2021, and Jess Donnelly-Bornman and Andreas Bornman, who tied the knot the following year.

While Henry wanted to take his wife’s surname, Andreas wanted a double-barrelled surname. But the law did not allow this. According to reports, the couples argued that the relevant Act and regulations perpetuate gender norms set by a patriarchal society that entrenches gender inequality.

They said this amounted to discrimination based on sex and gender, violating constitutional equality rights. The court ruled that section 26(1) of the Registration of Births and Deaths Act of 1992 is unconstitutional as it unfairly discriminates based on gender. The law will now have to be amended.

It is important to state that the judgment doesn’t force husbands to take their wives’ surnames. It just makes it possible for those who choose to do so. The judgment ignited a lot of debate in Nelson Mandela’s rainbow nation.

Liberals are celebrating this progressive judgment that puts men and women as equals. This is regarded as another victory in the fight against patriarchy and confirms that we’re indeed on track in building a nonsexist society.   

However, traditionalists are up in arms. What kind of African country allows a man to abandon his father’s surname? How are such men going to build on their father’s legacy? Which ancestors is he going to communicate with? Who will pay lobola? What surname will his children adopt? And so on.

These are pertinent questions. Long before Drommedaris, Reijger, and Goede Hoop docked in the Cape with Jan van Riebeeck in 1652, Africans did not have surnames. People were identified by their fathers’ names. That is why the founder of the Zulu kingdom, Shaka, was not called Shaka Zulu: he was known as uShaka kaSenzangakhona, not uShaka kaNandi.

This was because Shaka was to take over where Senzangakhona left off and expand his empire. Men of that time took pride in inheriting their father’s names. Enough about Shaka iLembe.

However, the fears of families losing their identities because of the Constitutional Court judgment are misplaced. The judgment does not impose changes to the way we do things. It is only for those who subscribe to these changes.

Anyway, many citizens carry their mother’s surnames, some not by choice, but due to many factors out of their control. These men and women then pass the same surnames to future generations.

There are many people like Henry and Andreas in this country. For instance, one of our colleagues argued during a debate on the issue that if her future husband were unemployed, she would be within her rights to demand that he adopt her surname. She argued that outdated laws need to be amended to keep up with the changing times.

Another colleague suggested that those who marry into political royalty, such as the Mandelas and the Sisulus, may be tempted to head to the nearest home affairs office to get their surnames changed. Why not?

The judgment confirms that SA is a true constitutional democracy. It gives citizens the right to choose and not be confined by laws drafted before we decided that ours is an equal society.

As much as it is enticing to be associated with royalty, I must confess that it brings me much pride and joy to carry the Shoba surname.