In the event that a husband wished to take over his wife’s surname, he would be required to request the consent of the Director-General to do so, which request must be supported with suitable and sufficient reasons therefor.
In August 2024, the Bloemfontein High Court heard a joint application by J and J, as well as DB and B, wherein the Court was requested to declare Section 26(1)(a) to (c) of the Births and Deaths Registration Act unconstitutional, on the basis that it discriminates on the grounds of gender.
It was argued, inter alia, that the limitation of Section 26(1)(a) to (c) of the Births and Deaths Registration Act was not justifiable as it perpetuates gender inequality and disallows individuals of their identity; fails to recognise a modern society which values gender equality, and further that it serves no interest on the state to disallow such change.
The Court ultimately found Section 26(1)(a) to (c) of the Births and Deaths Registration Act to be unconstitutional on the basis that it discriminates on the grounds of gender. The matter has since been referred to the Constitutional Court for confirmation of the constitutional validity of the provision.