LIMPOPO – Traditional leader, Kgoshi Setlamorago Thobejane has warned that the recent Constitutional Court ruling allowing men to adopt their wives’ surnames could divide families and erode African cultural practices.
In September 2025, the Constitutional Court struck down sections of the Births and Deaths Registration Act that allows men to take their spouses’ surnames. The judgment declared the provisions of unconstitutional and discriminatory, giving men the same right to adopt a surname in marriage as women have traditionally had to.
Thobejane, who is married to five wives and leads the SebataKgomo Civil Movement, says the ruling disregards the cultural meaning of marriage. He argues that in African traditions, marriage is not simply the joining of two individuals but the uniting of families and ancestors through rituals such as cattle slaughtering.
“This ruling seems like the birth of something new, but what culture is it?” Thobejane asked. “Our judges should be building society, but instead they are focusing on the wrong things.”
He further warned that the decision reflects the dominance of Western culture over African traditions and could distance young people from their heritage.
The SebataKgomo Civil Movement has called on Parliament to overturn the ruling and to conduct widespread consultations with traditional leaders, healers, and communities across all nine provinces. If their demands are ignored, the group says it will push for a national referendum on the issue.
“This is not just about surnames,” Thobejane said. “It is about protecting the fabric of our culture and ensuring that future generations remain connected to their roots.”
Editor : Thibela Thandeka
