ConCourt ruling won’t affect Ilobola practice, says Cultural Expert

September 11, 2025 86

Putative Marriage Law In South Africa Explained — Photo Credit: Putative Marriage Law In South Africa

Cultural expert, Professor Musa Xulu, has reassured South Africans that the Constitutional Court’s recent ruling, which allows husbands to take their wives’ surnames, will not interfere with the cultural practice of paying ilobola.

Xulu emphasized that the ruling does not impose any specific naming convention, but instead upholds cultural diversity by giving individuals the freedom to choose.

On Thursday, the Constitutional Court ruled that Section 26 (1)(a) to (c) of the Births and Deaths Registration Act is unconstitutional, as it unfairly discriminates on the basis of gender by preventing men from legally adopting their wives’ surnames.

The case was brought forward by two separate couples -Henry van der Merwe and Andreas Bornman, along with another couple identified only by their initials — who argued that the existing legislation was based on outdated gender norms and violated their rights to equality and identity.

Professor Xulu welcomed the ruling as a progressive step in safeguarding personal freedoms, saying it aligns well with South Africa’s multicultural and inclusive ethos.

He says that while it is common in many African cultures for a woman to take her husband’s surname, the opposite is true in parts of the world such as West Africa, Japan, Finland, and South America.

Xulu added that ilobola — a customary practice symbolizing respect and union between families — is not tied to surname conventions and will remain unaffected by the ruling.

ConCourt ruling won’t affect Ilobola practice, says Cultural Expert Nokwazi Qumbisa

Legal and Governance analyst, Leo Maphosa, also weighed in noting that the judgment goes beyond naming conventions and touches on broader themes of equality, cultural identity, and the evolving role of tradition in a democratic society.

He says that while many progressives view the decision as a move toward lived, everyday equality, especially in something as personal as a surname, others raise valid concerns grounded in African cultural traditions, where a surname carries deep ancestral and communal significance.

In Maphosa’s view, surnames are not just personal identifiers, they carry ancestral meaning and collective memory. He says changing a surname can feel like rewriting a family story passed down through generations.

ConCourt ruling won’t affect Ilobola practice, says Cultural Expert Nokwazi Qumbisa

Some social media users have expressed mixed reactions to the ruling. Some users criticized the ruling as “un-African,” arguing that tradition dictates a woman should adopt her husband’s surname so that children carry the family name. Others, however, hailed the decision as a necessary and progressive step toward a more inclusive and equal South Africa.

People are so emotional over this. “What about amasiko? What about culture? What about this and that? What about our traditional ways?” This ruling isn’t saying that husbands must take their wives names. Simply means if you as a husband want to take your wife’s surname, do it! https://t.co/8SBgt502zJ

— Nkosi (@nkosi___) September 11, 2025

Yoh bathi Men can now change to their wives surnames after marriage… angazi guys but Nigerians and Pakistans will soon be using your surnames ✋🏾😒I hate this court ruling with every fibre in me but this is South Africa.

— Bathong_Thabii🙆🏾‍♀️ (@HappinessGallor) September 11, 2025

South Africa is opening a dangerous loophole. With men now allowed to take their wife’s surname, illegal foreigners will feast on this. In a country battling fake marriages & weak Home Affairs, we’ve just made it easier to erase identity & exploit the system.

— Martin Raphahlelo (@MRaphahleloSA) September 11, 2025