Landmark Ruling Gives Fathers Equal Parental Leave in South Africa
In a historic decision that marks a turning point for gender equality and family rights, South Africa’s Constitutional Court has ruled that all parents of newborns are entitled to equal parental leave.
The unanimous judgment, delivered on Friday, declared that the country’s existing parental leave laws were unconstitutional and discriminatory, particularly toward fathers, adoptive parents, and those in surrogacy arrangements.
Under the old law, mothers received four months of maternity leave, while fathers were entitled to just 10 days. The court found that this arrangement unfairly reinforced outdated gender roles, perpetuating the idea that mothers should be primary caregivers while fathers remain secondary.
Justice Zukisa Tshiqi, delivering the judgment, stated that both parents must now have the freedom to share the total leave allocation, four months and ten days, however they choose.
The court ruled that this inequality not only harms parents but also affects children, who are deprived of equal bonding time with both caregivers during their most formative months.
Justice Tshiqi emphasised that the ruling is not solely about gender fairness but about dignity, family well-being, and the best interests of the child.
Petitioners, including a married couple, the Commission for Gender Equality, and several advocacy groups, celebrated the verdict as a victory for all families. “This is a groundbreaking step for equality, family wellbeing, and the future of fatherhood in South Africa,” said Sthembiso Phakathi, founder of the Single Dads Network.
Legal experts note that the ruling will have far-reaching implications for employers, who must now adjust their leave policies to align with the new standards. Parliament has been given three years to amend the relevant laws, but in the meantime, parents can already decide how to share their leave.
If only one parent is employed, that parent is entitled to take the full leave allocation.
