By Apson Sepadi Makaung
SebataKgomo Civil Movement General Secretary
The SebataKgomo Civil Movement (SCM) has noted the Constitutional Court ruling over the contradiction surrounding legal marriage and a choice of two partners’ surname thereof.
Though the judgment aimed to provide a synthesis, it has created a serious brouhaha amongst the Africans that should have been foreseen by the exprienced legal practitioners.
It is not an opinion but a fact that South Africa’s legal profession takes its tune from the West instead of African philosophy.
As SebataKgomo Civil Movement, we are committed to advocacy and defend for equal social justice provided by the Bill of Rights, enshirined in the RSA Constitution.
We are of the view that the court should have considered many factors, including the consultation of communities and traditional leaders, before arriving in the conclusion that “Husband can now legally take wives’ surnames” have potential to devide the country. Section under freedom of religion, belief, and opinion is clear and unequivocal.
Clause 15 (3) (a) This section does not prevent legislation recognising (i) marriage concluded under any tradition, or a system of religion, person or family law, or (ii) system of personal and family law under any tradition, or adhered to by person profesing a particular religion.
We therefore like to remind the legal practitioners and all the proponents of actions allowing a husband to legally take wives surnames that the marriage in African context is not just about the two people, but families.
The norm is that the husband will marry the wife, and she will join a particular family name.
And, conduct some activities (inclusive of retuals) to introduce her to the in-law both physically and spiritually.
So, it will be wrong to allow the apex court to take a decision that will have a bearing over the conduct of the society without thorough consultation of the large section of the countrymen.
We, therefore, call for the rescission on this court judgment and parliament to roll out public consultation across all nine provinces in South Africa.