South Africa’s Constitutional Court has ruled that fathers are entitled to equal parental leave, ending decades of legal discrimination in family rights.
The unanimous judgment, delivered on Friday, October 3, declared that both parents of new-borns can now share parental leave as they choose.
Previously, mothers were granted four months of leave while fathers received only 10 days.
The court ruled this arrangement unconstitutional, saying it unfairly discriminated against fathers, adoptive parents, and parents of children born through surrogacy.
Justice Zukisa Tshiqi, delivering the judgment, said the law was outdated and reinforced harmful stereotypes that women should be primary caregivers.
She stressed that excluding fathers deprived children of vital time with both parents during their earliest stages of life.
“The protection of birth mothers to the exclusion of other parents has the unfortunate consequence of perpetuating the assumption that women are, and should be, the primary caregivers of children,” she said.
“The father is marginalised and deprived of the opportunity to involve himself as a parent.”
The court added that the ruling was not only about gender equality but also about family dignity and children’s wellbeing.
“The unequal treatment not only marginalises parents but also deprives children of the opportunity to be with their caregivers during a crucial period of nurturing and adjustment,” Justice Tshiqi noted.
The case was originally brought by a married couple, supported by the Commission for Gender Equality.
They argued that the Basic Conditions of Employment Act and Unemployment Insurance Fund Act discriminated against non-birth parents by restricting them to 10 days of leave.
Campaigners welcomed the judgment. Sthembiso Phakathi, founder of the Single Dads Network, called it “a ground-breaking step for equality, family wellbeing, and the future of fatherhood in South Africa.”
Legal experts also hailed the decision but warned that it would force employers to overhaul workplace policies.
Labour lawyer Patrick Deale described it as “a positive and expected outcome,” saying it reflects modern parenting norms where both parents share responsibility.
Parliament now has three years to amend the current laws to align with the ruling.
In the meantime, parents will be entitled to decide how to share the four months and 10 days of leave. If only one parent is employed, that parent can take the full allocation.
The judgment marks a historic shift in South Africa’s labour and family law, signalling a move toward equal parenting rights and greater recognition of fathers in child-rearing.
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