South Africa's highest court has unanimously ruled that all parents of new-borns are entitled to equal parental leave - a landmark judgment hailed as a major victory for gender equality and family rights.
Under the current law, mothers are granted four months of leave, while fathers receive just 10 days.
In its ruling, the Constitutional Court declared parts of the legislation unconstitutional, calling it discriminatory against fathers, and ruled that both parents may now share the granted leave however they choose.
This is a ground-breaking step for equality, family wellbeing, and the future of fatherhood in South Africa, said Sthembiso Phakathi, founder of Single Dads Network.
In 2023, a lower court found that certain sections of the Basic Conditions of Employment Act (BCE) and the Unemployment Insurance Fund Act (UIF) were unjust and violated the rights of various family structures.
The Gauteng High Court ruled that the law unfairly treated different types of parents regarding leave length and unemployment benefits.
The case was initiated by a married couple and the Commission for Gender Equality, highlighting unfair burdens on mothers and arguing that parenting responsibilities should be shared.
Justice Zukisa Tshiqi stated that both parents should share the available days, describing the current law as outdated and a source of inequity that unfairly burdens mothers while marginalizing fathers.
She emphasized that the ruling aims not only for gender equality but also for the dignity of families, focusing on children's wellbeing.
The petitioners expressed their satisfaction with the ruling, while legal experts noted the need for employers to update their leave policies accordingly.
The court has suspended its declaration of invalidity for three years, providing parliament time to amend laws in compliance with its ruling. Meanwhile, parents can decide how to share the four months and 10 days of leave, with full leave allocated to a single employed parent if necessary.
