South Africa’s Constitutional Court has unanimously ruled that all parents of new-borns are entitled to equal parental leave — a landmark decision seen as a major step forward for gender equality and family rights.
Previously, mothers were granted four months of leave while fathers received only 10 days. The court declared these provisions unconstitutional, saying they discriminated against fathers and excluded other types of parents. Under the new ruling, both parents may now share the available leave as they choose.
Justice Zukisa Tshiqi, delivering the judgment on Friday, said the existing law was outdated and “unfairly burdened mothers and excluded fathers.” She added that it reinforced harmful assumptions about women being the primary caregivers, while depriving fathers of the chance to take part in raising their children during the earliest stages of life. The decision, she stressed, was not only about gender equality but also about family dignity and the wellbeing of children.
The case was brought by a married couple, the Commission for Gender Equality, and others who argued that the legislation unfairly discriminated against fathers, adoptive parents, and parents via surrogacy by limiting them to just 10 days of leave.
In 2023, the Gauteng High Court had already ruled parts of the Basic Conditions of Employment Act and the Unemployment Insurance Fund Act unconstitutional, stating they treated parents differently depending on their circumstances. The Constitutional Court has now upheld and expanded that view.
Supporters of the ruling, including the Single Dads Network, called it a “ground-breaking step for equality and the future of fatherhood in South Africa.” Legal experts also welcomed the judgment but noted that it will require significant changes to workplace leave policies across the country.
The court has suspended its declaration of invalidity for three years, giving parliament time to amend the law. Until then, parents may decide how to divide the four months and 10 days of leave between them. If only one parent is employed, that parent will be entitled to the entire allocation.
