A groundbreaking Constitutional Court ruling has officially rewritten what parental leave looks like in South Africa. For years, mothers were entitled to four months of maternity leave while fathers were granted just ten days — a gap that many argued was outdated and discriminatory. But this new decision marks a major step toward equality in parenting, work, and family life.

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The court ruled that South Africa’s Basic Conditions of Employment Act, which previously distinguished between “maternity” and “paternity” leave, was unconstitutional. It violated the rights of parents to equality and dignity — and failed to recognise that family structures and caregiving roles have evolved.

Under the new ruling, all parents are now entitled to a total of four months’ parental leave, which they can share in a way that suits their family. This includes biological parents, adoptive parents, and parents who have children through surrogacy. That means a mother can now choose to take only part of the four months, allowing the father or partner to take the remainder — or vice versa.

The decision followed a legal challenge by Werner and Adéle van Wyk, a couple who argued that the current laws unfairly discriminated against fathers and same-sex couples. The court agreed, noting that the existing policy placed an unequal burden on mothers while excluding other parents from meaningful time with their newborns.

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This change could have far-reaching effects for South African families. It recognises that caregiving is a shared responsibility — and that fathers play a vital role in the emotional and practical care of newborns. It also brings South Africa in line with many progressive countries where parental leave is inclusive, flexible, and gender-neutral.

While the ruling doesn’t automatically change company policies overnight, it sets a powerful legal precedent. Employers will now need to adapt their leave policies to reflect this shift, and government departments are expected to amend the legislation in line with the judgment.

For many parents, this decision means finally having the freedom to make choices that work for their families — whether that’s sharing childcare equally or simply having both parents present for those early, formative months.

As the country moves forward, this ruling stands as a reminder that equality at home starts with equality at work.

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Sources: BBC, News24 and the South African Department of Justice