13/09/2025 Bertus Preller Births Deaths Registration Act, Constitutional law, Gender discrimination, Gender equality, Marriage equality, Patriarchal laws, Surname changes, Unfair discrimination Births Deaths Registration Act, Civil Union Act, colonial law legacy, constitutional challenge, Constitutional Court, constitutional law, discrimination analysis, equality jurisprudence, equality rights, family identity choices, Family Law, gender discrimination, Gender Equality, gender-neutral legislation, human dignity, legislative reform, marital naming rights, marriage equality, men's rights, patriarchal laws, reading-in remedy, section 9 Constitution, South African Law, substantive equality, surname changes, suspended declaration invalidity, unfair discrimination, women's rights Constitutional Court Ends Gender-Based Surname Discrimination: Jordaan and Others v Minister of Home Affairs and Another (CCT 296/24) [2025] ZACC 19 (11 September 2025) – Husbands Can Now Take Their Wives’ Surnames. The Factual Matrix: When Husbands Want to Take Their Wives' Surnames The facts giving rise to this landmark constitutional challenge present a stark illustration of how outdated legislation can collide… READ MORE
03/07/2025 Bertus Preller Bigamy, Constitutional Court customary law, Customary Law, Customary marriage dissolution, Customary marriage requirements, Customary Marriages, First wife consent, Mayelane precedent, Polygamous marriage, Recognition of Customary Marriages Act, Recognition of Customary Marriages Act, Section 8 RCMA bigamy, civil marriage, competing marriage claims, Constitutional Court, Constitutional Rights, customary law, customary marriage, customary marriage requirements, Deputy Judge President Ratshibvumo, Divorce Decree, equality rights, estate disputes, first wife consent, human dignity, irretrievable breakdown, lobola, marriage registration, marriage validity, matrimonial property, Mayelane precedent, Mpumalanga High Court, polygamous marriage, Recognition of Customary Marriages Act, South African Family Law, subsequent marriages, traditional marriage, widow status First Wife Consent Strikes Again: Constitutional Court’s Mayelane Precedent Upheld in N.R.M v F.N and Others (943/2023) [2025] ZAMPMBHC 53 (17 June 2025). The Factual Matrix: A Tale of Two Marriages and Competing Claims The factual backdrop to this matter presents a complex web of relationships that culminated in competing claims to marital… READ MORE