Fathers entitled to equal parental leave, South Africa’s top court rules

In a historic decision, South Africa’s Constitutional Court has unanimously ruled that both parents of newborns are entitled to equal parental leave, marking a significant milestone in the fight for gender equality and family rights. The court declared parts of the existing legislation unconstitutional, stating that it discriminated against fathers. Under the current law, mothers are granted four months of leave, while fathers receive only 10 days. The ruling allows parents to share the total leave period as they see fit, promoting shared parenting responsibilities. Justice Zukisa Tshiqi, delivering the judgment, emphasized that the law unfairly burdened mothers and marginalized fathers, perpetuating outdated gender roles. The case was initiated by a married couple, the Commission for Gender Equality, and others, who argued that the legislation unfairly excluded fathers, adoptive parents, and parents of children born to surrogates. The court’s decision underscores the importance of protecting family dignity and ensuring children’s wellbeing by allowing both parents to be actively involved in their early development. Legal experts noted that the ruling will have profound implications for employers, who must now revise their leave policies. The court has suspended its declaration of invalidity for three years, giving parliament time to amend the laws accordingly. In the interim, parents can decide how to allocate the combined four months and 10 days of leave. If only one parent is employed, they may take the full leave entitlement. The judgment has been widely celebrated as a progressive step toward modernizing South Africa’s approach to parenting and gender equality.