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Constitutional Law [2024] ZAFSHC 286

J.J and Others v Minister of Home Affairs and Another (3626/2024)

J.J and Others v Minister of Home Affairs and Another (3626/2024) [2024] ZAFSHC 286 (12 September 2024)

The court found that section 26(1)(a)-(c) of the Births and Deaths Registration Act 51 of 1992 and Regulation 18(2)(a) of the Regulations on the Registration of Births and Deaths, 2014, discriminate on the basis of gender by failing to afford male spouses the right to assume the surname of their female spouse upon marriage. This statutory and regulatory framework entrenches patriarchal norms and violates the constitutional right to equality and dignity. The limitation imposed does not meet the rational connection and proportionality tests and is not justifiable under the limitation clause. Th…

  • Gender Discrimination
  • Surname Change
  • Births And Deaths Registration Act
  • Marital Status
  • Equality Clause
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