No need to panic over surname ruling says Zulu cultural expert

A RECENT Constitutional Court ruling sent sparks around the country, but local Zulu cultural expert and political analyst, Professor Musa Xulu, has urged the community not to panic as the ruling is not compulsory.

It is now legal for husbands to take their wives’ surnames if they so choose, but Xulu clarifies that the ruling was based on equality, and has nothing to do with the culture or customs of any ethnic groups.

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“When the Constitutional Court takes a decision, it always looks at the Constitution. Section 9.3 of the Bill of Rights talks about equality, meaning no one should be discriminated against based on gender, marital status or other things.

“They were right from that perspective because there was an Act of 1992, the registration of births, marriages, and deaths, which is handled by the Department of Home Affairs.

“The Act specifically states that a woman can take a husband’s surname, but a husband cannot [take his wife’s name], so it was gender discrimination. I don’t think the Constitutional Court had any other option.”

Xulu further said many people are considering Zulu culture when looking at the ruling, which is not the case.

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“The ruling has nothing to do with Zulu culture; there is not even a single sentence that speaks about the culture of any ethnic group in that ruling.

“Those who want to take their wives’ surnames are now allowed to do so; they have a constitutional right to do so, and those who are opposed to it are allowed not to. “From the early 90s, we saw an increase in double-barrelled surnames because many women felt they needed to keep their surnames,” he explained.

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