In a landmark ruling on Friday, 3 October 2025, the South African Constitutional Court declared that fathers are entitled to four months of shared parental leave, striking down existing legislation that granted mothers four months of maternity leave while limiting fathers to just ten days.
The court found the disparity to constitute unconstitutional discrimination, affirming a precedent set by the Johannesburg High Court in 2023. The verdict now requires that parents be allowed to share a combined four months of leave following the birth or adoption of a child — a transformative shift in the country’s approach to family law, workplace equality, and parental responsibility.
Under the previous law, mothers had the privilege of extended maternity leave, while fathers’ rights were restricted to a brief period of ten days — a framework that critics argued entrenched gender stereotypes, reinforced unequal parenting roles, and discriminated against fathers.
The Constitutional Court’s decision overturns this imbalance. It establishes that both parents share equal rights and responsibilities in child-rearing, recognising that caregiving should not be defined solely by gender. This judgment marks a significant step in promoting gender equality in South Africa’s labour laws.
“The ruling affirms that parenting is a shared responsibility and that fathers must have the opportunity to bond with and care for their children,” said Justice Thandiwe Ndlovu, delivering the court’s unanimous judgment. “The law must protect the rights of both parents equally. Discrimination of any kind, including on the basis of gender roles in parenting, is unconstitutional.”
South Africa’s Constitutional Court Grants Fathers Equal Shared Parental Leave
The Constitutional Court based its decision on principles enshrined in the South African Constitution, including equality, dignity, and the best interests of the child. Judges argued that restricting fathers to ten days of leave not only perpetuated gender bias but also undermined fathers’ ability to participate meaningfully in early child care.
“The law should not dictate who provides care for a newborn,” Justice Ndlovu added. “It must enable both parents to decide how they wish to share their parental responsibilities. This decision ensures that leave entitlements are not discriminatory and that they support families in fulfilling their obligations to children.”
The court also referenced evidence showing that shared parental leave benefits child development, strengthens family bonds, and contributes to greater workplace equality by reducing the burden of caregiving traditionally placed on women.
The new ruling effectively abolishes the old model and replaces it with a shared parental leave entitlement of four months — a total that parents can allocate between themselves as they see fit. For example, one parent could take three months while the other takes one month, or both could split the time equally.
This flexibility reflects the court’s recognition that family arrangements vary widely, and that leave policies should accommodate diverse needs rather than impose rigid gender roles.
The ruling has been met with widespread acclaim from equality advocates, labour unions, and parenting groups.
The South African Fathers’ Forum described it as a “historic victory for fathers’ rights and gender equality.” Forum chairperson Mpho Dlamini said: “This decision affirms the importance of fathers in the upbringing of their children. It will give dads the legal space to build stronger relationships with their children and share the responsibilities of parenthood equally.”
Women’s rights groups also welcomed the judgment, seeing it as a step toward dismantling systemic gender inequality. “By allowing shared leave, the burden of childcare no longer falls disproportionately on women,” said Nomsa Khumalo of the Equality and Justice Network. “It is a win for both parents and children.”
The ruling will require employers to adjust workplace policies and human resources practices to accommodate the expanded leave entitlements. Labour experts expect that it will encourage a broader shift in workplace culture, fostering more inclusive attitudes toward parenting.
“This is not just about changing laws,” said labour lawyer Sipho Maseko. “It is about changing mindsets. Employers will need to recognise the importance of equal parenting and adapt their policies to ensure that both men and women can exercise their rights without fear of career penalties.”
South Africa joins a growing number of countries introducing shared parental leave schemes, following models in nations such as Sweden, Norway, and the United Kingdom. These models have shown that equal leave policies can improve gender equality in the workplace, promote better health outcomes for children, and strengthen family bonds.
The Constitutional Court’s ruling marks a turning point in South Africa’s family law. It sends a powerful message that caregiving is not the sole responsibility of women, and that fathers have a constitutional right to participate fully in early parenting.
The next step will involve legislative amendments and regulations to implement the ruling, a process that will require collaboration between government, labour bodies, and civil society. The success of shared parental leave will depend not only on legal recognition but also on cultural acceptance and workplace adaptation.
As Justice Ndlovu concluded: “This is a victory for equality, for children, and for families. It reaffirms our constitutional commitment to dignity and fairness for all.”
Source- iHarare
