The short answer
Home Affairs is wrong, but it is complicated.
The whole question
I am a South African citizen living in the USA. I got married (same-sex marriage) in 2019 and applied for a new passport reflecting my new name change (surname) on the passport in 2024.
I received confirmation from Home Affairs that they have now refused to change my name because they do not recognize same sex marriages and name changes are not allowed on the passport. Below is the correspondence from them:
"Please note that we have received verification of the status of your passport:
Your passport application was received by DHA on the 12 July 2024
On the 10 August 2024 your application was moved to the Citizenship for verification of SA Citizenship.
Next your application was moved to the Marriage Section to confirm your marital status.
According to the DHA, with regards to same sex civil unions name changes are not permitted, thus all parties concerned will keep their last name. ie: Jason Roelof Saunders will remain Jason Roelof Saunders and not Turner.
Thereafter your passport will be moved for capturing and processing and will take another 6-8 Months."
Is this allowed? I feel that this is some sort of discrimination, as I have many women friends from South Africa who got married and changed their names to match their husbands with no issue. I would not care if it were not for my line of work. I am an airline pilot and am having many issues when travelling to different countries because my passport and green card documents all have mismatched names. It is now directly affecting my job.
The long answer
Thank you for your email asking if Home Affairs can declare that you may not change your surname to your partner’s on your passport because “with regard to same sex civil unions, name changes are not permitted.”
This is most certainly wrong: in South Africa both partners/spouses in a civil union partnership are allowed to choose what surnames they will be known by. Section 13 of the Civil Union Act explicitly gives spouses/partners this choice.
The Civil Union Act does not make any explicit provisions to recognise foreign same-sex unions, but under the common-law definition of marriage, a foreign same-sex marriage is recognised as a marriage in South African law.
“Couples who marry in terms of the Civil Union Act may choose whether their union is registered as a marriage or a civil partnership. In either case, the legal consequences are identical to those of a marriage under the Marriage Act, except for such changes as are required by the context. Any reference to marriage in any law, including the common law, is deemed to include a marriage or civil partnership in terms of the Civil Union Act; similarly, any reference to husband, wife or spouse in any law is deemed to include a reference to a spouse or civil partner in terms of the Civil Union Act.” (Wikipedia).
But the problem is that there are contradictions between Section 26 (1) of the Births and Deaths Registration Act and the Civil Union Act: on the DHA website it states that “Passports are issued in accordance with your names as they appear in the National Population Register (NPR) at the time of your application. Any changes to your names must be applied for, finalised and recorded in the NPR before you submit your passport application.”
It seems that it costs R375 to apply for a change of name to the NPR.
A Rhodes University thesis by LLB student Chris McConnechie notes that section 26(1) of the Births and Deaths Registration Act says that no individual may describe himself by any other name than the one recorded in the NPR without permission of the Director General of Home Affairs – except that women can change their surnames upon marriage without applying for permission. In a marriage as opposed to a civil union, a man cannot change his surname without permission while a woman can; in a civil union both partners are able to change their surnames.
As you know, all discrimination on the basis of sexual orientation and against same sex couples is outlawed by Section 9 of the Constitution and by the Promotion of Equality and Prevention of Unfair Discrimination Act. But given the difficulties, delays and frustrations routinely experienced by people when dealing with Home Affairs, it may be quicker and easier in the short term to apply to the Director General of Home Affairs for permission to change your surname, and then to re-apply for your passport.
You could also ask the following organisations for advice

The short answer
Yes, you can, if you have the right paperwork, and attend a Home Affairs marriage interview.
The long answer
Thank you for your email asking whether you and your partner can get married if he is on an asylum permit.
Asylum seekers and refugees do have the right to get married in South Africa as long as they meet the Home Affairs marriage requirements. These are:
• that if you have been married previously, you must show proof of divorce or death of previous partner
• that you are not a minor (under age of 18)
• that you are not suffering from severe mental illness which prevents you from understanding what marriage is.
Your partner must also give Home Affairs a valid asylum seeker/refugee permit, as well as a declaration from the police confirming that he is not currently married.
The first step to getting married is to register your intention to marry with Home Affairs and apply for a Department of Home Affairs Marriage Certificate at least three months before your wedding date.
The following documents must be submitted with the Home Affairs marriage forms which are available on request:
• Identification documents, such as a South African ID card
• Both passports, if one partner is not South African
• A completed form, which declares that you are legally allowed to marry
• Official divorce decree, stamped by the court, if one partner has previously been married
• Death certificate, if one partner has been widowed
Before a marriage is declared legal in South Africa, couples are required to attend a Home Affairs marriage interview. This is to make sure that both parties are entering the marriage of their own free will. If you don’t attend an interview, the marriage certificate will not be registered and the marriage will be declared null and void.

What to Bring With You:
When attending your visa appointment, make sure to bring the following:
• Printout of Appointment Confirmation:
A printed copy of the email confirming the details of your appointment.
• Valid Passport or Travel Documents:
Ensure your passport has at least two blank pages on both sides.
• Completed Visa Application Form:
Bring a printout of your visa application form. Only minor manual amendments will be accepted at the centre.
• Supporting Documents:
If attending on your own, ensure you have all the necessary documents, as advised by our team.
On the Day of Your Appointment:
• Arrive 15 minutes before your scheduled appointment.
• You must attend the appointment personally; someone else cannot attend on your behalf.
• Only applicants, caregivers, and those accompanying children under 18 are allowed inside the Visa Application Centre.
• Bring all supporting documents, both originals and copies.
• If you haven’t paid the visa fee online, you can pay it at the centre.
• You will submit your fingerprints and have your photograph taken as part of biometric information collection. Ensure your fingertips are free of any decorations (such as mehndi) or injuries that could affect the scan.
• Children under 18 must be accompanied by a parent or legal guardian, and a consent form may be required if a parent is absent.
• If you miss your appointment, you must wait 24 hours to book a new one.
Biometric Information Collection:
Without biometrics, your visa application will not be processed. Here’s what to expect:
• Fingerprint and Facial Scan:
A digital scanner will capture images of all 10 fingers, and a digital photo of your face will be taken. The process is quick, discreet, and non-intrusive.
• Ensure your face is fully visible and free from sunglasses or head coverings unless worn for religious or medical reasons.
• Injuries or temporary decorations like mehndi on your fingers may affect the scan, so ensure your hands are clean and unmarked.
• Applicants who applied for a Schengen visa in the past five years, as well as diplomatic passport holders and heads of state, are exempt from submitting biometric data.
Biometrics Exemptions:
You may be exempt from providing biometric data if:
• You are under 6 years old.
• It is physically impossible for you to provide fingerprints (supported by a medical certificate).
• You are a Head of State, member of a national government, or traveling for official purposes.
Security at the Centre:
• Random bag searches may be conducted for safety and security.
• Threatening or abusive behaviour toward staff will not be tolerated.

The short answer
Here's where you can go for legal advice
The whole question
Early this year I went to Home Affairs to renew my asylum paper knowing it had expired. They gave a letter to go and pay a fine of R1,000 at the police station and when I went back to Home Affairs they arrested me for a few hours and then gave me 14 days to go back home. What should I do to fix this?
The long answer
The Standing Committee on Refugee Affairs is the body which reviews decisions by Home Affairs to deny refugee status to a person applying for it. Regulation 25 (1) says that the Standing Committee must automatically review rejection of refugee status by Home Affairs if Home Affairs says their decision was based on the application being “manifestly unfounded, fraudulent or abusive”. This is meant to ensure that people are not wrongly turned away.
Before your refugee status can be withdrawn, the Standing Committee must give you a written notice explaining that it intends to withdraw your refugee status and the reasons for it. It also has to give you notice that you have the right to make a written submission to the Standing Committee within 30 days of the notice. If you don’t respond within the 30 days or if they are not persuaded by your letter, they can withdraw your refugee status. They can also ask you to attend a meeting with them and can investigate further.
About the fine of R1,000; Home Affairs says it has the right to issue fines, as well as deport a person. It seems that before 2014, people who overstayed could pay a fine and not be deported, but since then Home Affairs can deport someone for 12 months if they have overstayed for up to 30 days, and for 5 years if they have overstayed longer than 30 days.

The Short Answer:
You will need assistance from an organization experienced in handling matters with Home Affairs.
The Whole Question:
I moved to South Africa from Zimbabwe in 2006 as an asylum seeker. My children, aged 5, 7, and 10 at the time, have since graduated but are unable to find employment due to their uncertain legal status. We have applied for accompanying visas as my wife is a permanent resident, but we have received no response from Home Affairs. How can we proceed without their cooperation?
The Long Answer:
It's an incredibly stressful situation when everything you’ve built over years of living in South Africa is under threat due to bureaucratic delays.
As you may be aware, in June 2023, the Pretoria High Court declared the decision by the Minister of Home Affairs to terminate the Zimbabwean Exemption Permit (ZEP) unlawful, unconstitutional, and invalid. According to a GroundUp article by Tania Broughton (June 28, 2023), the court instructed the Minister to reconsider the issue in compliance with legal processes. In the meantime, ZEP permits remain valid until the end of June 2024, and ZEP holders cannot be arrested or deported during this period.
The fact that Home Affairs has not responded to your and your children’s accompanying visa applications is not only distressing but also, unfortunately, typical of the department's administrative failures. Home Affairs has a constitutional obligation to act in a fair and just manner, as outlined in the Promotion of Administrative Justice Act (PAJA). This act is designed to ensure that administrative actions by government departments, like Home Affairs, are fair, lawful, and prompt.
Since Home Affairs has not provided any response, your best option is to consult with an organization that specializes in dealing with Home Affairs. These organizations can provide legal assistance and advocacy to ensure that your rights and those of your children are respected.