Reversing the name tradition: A critical analysis of husbands adopting wives’ surnames in South Africa

Reversing the name tradition: A critical analysis of husbands adopting wives’ surnames in South Africa

Tembela Mdunyelwa & Paul T. Mtunuse

Issue: Vol. 7 No.6 2026 Article 4 pp.1463 –1472
DOI: https://doi.org/10.38159/ehass.2026764 Published online 14th July 2026

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ABSTRACT

The purpose of this study was to critically investigate the norm of husbands adopting their wives’ surnames. The article analyses naming practices through feminist legal theory, as well as traditional, ancient, and patriarchal perspectives. The methodology used in this study was a qualitative, interpretive approach. By dissecting the roots of surname succession and its origins in patriarchal structures, the paper examines how reversing this custom serves as a symbolic indication of gender equality. The study argues that integrating multicultural case studies and legal frameworks highlights the intricate interplay among individual autonomy, social norms, and institutional limitations. The researchers recommended that an all-inclusive approach is needed to address the changing dynamics between customary law and surname traditions in South Africa. Additionally, it is equally important to respect cultural practices while embracing legal progress. The study contributes to scholarship by highlighting the complexities of diverse South African cultures. While in some communities, it may be accepted for a husband to adopt his wife’s surname, in others, it is not.

Keywords: Names, Clan names, Surname inheritance, Patriarchy, Feminist legal theory.

BIBLIOGRAPHY

Legislation

Births and Deaths Registration Act 51 of 1992.

The Constitution of the Republic of South Africa, 1996.

Cases

Jordaan v Minister of Home Affairs 2025 (3) SA 411 (CC).

Books and Articles

Ansell, Nicola. “‘Because It’s Our Culture!’ (Re)Negotiating the Meaning of Lobola in Southern African Secondary Schools.” Journal of Southern African Studies 27, no. 4 (December 2001): 697–716. https://doi.org/10.1080/03057070120090691.

Boterere, Shammah, and Charles Maimela, “Reconciling Lobolo with the Equality Principle: The Need to Realign Official Customary Law with Living Customary Law of South Africa,” De Jure Law Journal (2023): 713.

Diko, Mlamli. “The Sociocultural Significance of Naming Practices among the AmaXhosa.” Nomina Africana: Journal of African Onomastics 38, no. 1 (October 2024): 1–2. https://doi.org/10.2989/NA.2024.38.1.1.1379.

Ebeling, Mary-Rebecca, “Women’s Marital Surname Choice And The Rhetorical Act.” University of Rhode Island, 2005. https://doi.org/10.23860/thesis-ebeling-mary-rebecca-2005.

Jonas, PJ. “Clanship as a Cognitive Orientation in Xhosa World-View.” S. Afr. J.: Ethnol, 1986.

Kundlwana, Babalo, Samson Nambei Asoba, and Nteboheng Patricia Mefi. “Exploring South African Perspectives on Husbands Adopting their Wife’s Surname in Marriage: The Case of OR Tambo District Municipality in the Eastern Cape,” Journal of Ecohumanism 4, no. 4 (2025): 2622.

Lawson, Gary S. “Feminist Legal Theories.” Harvard Journal of Law & Public Policy, no. 2 (1995): 325.

Makgopa, Mokgale, and Temba T. Rugwiji. “Naming Patterns among Northern Sotho, Xitsonga and Tshivenda Communities of SA: Religio-Cultural Perspective.” Studia Historiae Ecclesiasticae 47, no. 3 (January 25, 2022). https://doi.org/10.25159/2412-4265/8010.

Makoni, Busi, Sinfree Makoni, and Pedzisai Mashiri. “Naming Practices and Language Planning in Zimbabwe.” Current Issues in Language Planning 8, no. 3 (2007): 437–67. https://doi.org/10.2167/cilp126.0.

Maluleke, Mikateko Joyce. “Culture, Tradition, Custom, Law and Gender Equality,” PER/PELJ 15, no. 1 (2012): 6.

Mncube, Sinethemba. “Breaking Patriarchal Chains-A Constitutional Court’s Landmark Judgement Jordaan and Others v Minister of Home Affairs and Another.” De

Rebus (March 2026): 40.

Moyo, Themba. “Naming Practices in Colonial and Post-Colonial Malawi.” Inkanyiso 4, no. 1 (December 30, 2012): 7. https://doi.org/10.4102/ink.v4i1.266.

Internet and Media Sources

Gwala, Sbusiso. “What’s in a Name? The Constitutional Court Rules on Surnames,” Mail &

Guardian Thought Leader, 26 September 2025.

Jack, Sipho. “Controversy Erupts over South Africa’s Constitutional Court Ruling on Surname

Adoption,” IOL at: https://iol.co.za/dailynews/news/2025-09-14-controversy-erupts-over-south-africas-constitutional-court-ruling-on-surname-adoption/.

Majadibodu, Simon. “’Un-African’: Anger over ConCourt ruling allowing husbands to adopt

wives’ surnames,” https://iol.co.za/news/south-africa/2025-09-12-un-african-anger-over-concourt-ruling-allowing-husbands-to-adopt-wives-surnames/.

ABOUT AUTHOR(S)

Tembela Mdunyelwa (LLB) is a Lecturer in the School of Law, Faculty of Law, Humanities and Social Sciences at iYunivesithi Walter Sisulu and an admitted Attorney of the High Court of South Africa. Her research interests include Customary Law, Medical Law, Law of Insolvency, Company Law, Constitutional Law, Family Law, Notary, Conveyancing, Business Law, and Law of Succession.

Paul T. Mtunuse (LLD) is a Senior Lecturer & Non-Examining Chairperson, Research & Higher Degrees Committee, School of Law, Faculty of Law, Humanities and Social Sciences at iYunivesithi Walter Sisulu, and an Advocate of the High Court of South Africa. His research interests include International Human Rights Law, Constitutional Law, Child Law, Interpretation of Legal Instruments, Labour Law, Cyber Law, Artificial Intelligence Law, and Medical Law.

TO CITE ARTICLE

Mdunyelwa, Tembela, and Paul T. Mtunuse. “Reversing the name tradition: A critical analysis of husbands adopting wives’ surnames in South Africa,” E-Journal of Humanities, Arts and Social Sciences 7, no.6 (2026): 1463 –1472. https://doi.org/10.38159/ehass.2026764