A legal perspective on language, oppression and naming practices in South Africa

The progressive nature of the South African constitution in solidifying and safeguarding women’s rights, including the right to dignity and equality, is highly regarded. The formulation of these realities has been undermined by the legacy of apartheid and colonialism, which have complicated the evolution of legislation and language in South Africa. Language and the legal system are inextricably linked, and discriminatory practices against women are still prevalent today. The objective of the article is to demonstrate the overt and covert oppression of African women by language and law. It will examine the stereotypical roles that women frequently assume in society (wife, mother, and daughter) in relation to the laws that govern naming practices. Our discussion will consider the Birth and Death Registrations Act 51 of 1992, the Children’s Act 38 of 2005, and the Civil Union Act 17 of 2006 in terms of their naming practices and their consequences for women. We contend that the law favours men and instils prejudice against women, resulting in inequality between men and women and the denial of women’s access to justice due to discrimination against female subjects in naming conventions.