He wanted to take the last name of his wife. But first, they were forced to change the South African law

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As it happensSouth African Court afflictions affect men to take the titles of their wives

When Jana Jordan told her for the first time Henry Van der Meroy that she was intending to preserve her last name after her marriage, not only supported her, but also offered to take her title as well.

But the spouses from South Africa hit an obstacle when they tried to register their decision with a marriage officer in the Ministry of Internal Affairs after linking the knot in 2021.

“She looked very confused, then she said:” My regime does not allow this. ” As it happens Host Nil Köksal. “I just had no words.”

It turned out that it was against the law in South Africa that the husband took the name of his wife’s family, or for both spouses to become their titles.

The couple decided to fight the law of apartheid in court. Now, three years later, the Constitutional Court of South Africa canceled the law, describing it as “colonial import” that is distinguished on the basis of sex.

“Fortunately, the regime works,” said Jordan.

“Equality in the relationship is very important”

Jordan says she has long been known that she wants to keep her family name after marriage. She lost her parents when she was only four years old, and the name of his title is a way to stay close to him.

“I had a very strong contact to keep my identity connection to the Jordaan family,” she said.

Jordaan showed its clear intentions to Der Merwee as soon as things become serious. He immediately supported her decision, and took a step forward by saying that he would become Jordan himself.

“It was something that I also wanted to do to show my support for my future family and my future wife, because I feel equal in the relationship is very important,” Deir Miroy told Köksal.

Metal building
The Constitutional Court of Johannesburg, South Africa. (Rich T Photo/Shutterstock)

There was only one obstacle – The law of registration in births and deaths of 1992Who allows a woman to change his title after marriage, but not a man.

Therefore, Jordan and Deir Mirawi filed a lawsuit against the Ministry of Internal Affairs for Gender Discrimination.

They were joined by South African couple Andreas Nicolas Burman and Jis Dunlli Mouloud, both of whom wanted to put the names of their families.

The minimum court ruled last September that the law is unconstitutional and that it takes into account the gender discrimination. The Constitutional Court supported this ruling on Thursday.

The Supreme Court in South Africa and President Cyril Ramavusa gave two years to amend the legislation.

“Imposing Western values”

Some South Africa moved to the social media of the court’s decision as an attack on the values ​​of South Africa.

but, In its rulingJustice Lyon Theron argued that the opposite is true, saying that the law is “rooted in colonialism” and imposes external ideas about marriage and sex on African cultures.

Theron wrote: “In many African cultures, women kept their birth names after marriage, and the children often took the name of their mother’s clan,” Theron wrote.

“With the arrival of European colonists and Christian missionaries, Western values ​​were imposed, the tradition of women who take the title of their husbands was presented.”

Theron found that the law had been subjected to sex on the basis of sex in violation of the Constitution of South Africa, which it argued with a negative impact on both men and women.

She wrote: “In the case of men, they are forbidden to be able to take the titles of their wives if they want it. In the case of women, the effects of this scheme are more treacherous.”

“It also enhances patriarchal sexual standards, which describe how a woman can express her identity, and makes this expression disobedient to their husband, as a governmental and cultural default.”

South Africa was the first on the continent to codify gay marriage in 2006. The government also recognizes multi -wives, where men can take multiple wives according to the customs of their ethnic group.

Ignore the haters

Jordan and Van Deir Mirawi were on vacation when the ruling fell, looking forward to celebrating their victory in court when they returned.

Meanwhile, Van Der Merwe will legally change his last to Jordaan. He says he is not worried about what others think of his decision.

“I really did not pay any attention to the comments because at the end of the day, the main focus is with my family and the decision we made for our family,” he said.


With files from the Associated Press. An interview with Jana Jordan and Henry Van der Meroy, who produced Lula Ahmoman.



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