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 certain sections of the Basic Conditions of Employment Act (BCE) Act and the Unemployment Insurance Fund Act (UIF) unjust and ruled that they violated the rights of various family structures.
The Gauteng High Court then ruled that the law unfairly treated types of parents differently regarding the length of parental leave and unemployment benefits received.
The case was brought to court by a married couple, the Commission for Gender Equality and others, who sought to address the unfair societal burden placed primarily on mothers, highlighting that parenting responsibilities should be shared.
The petitioners argued that the current legislation unfairly discriminated against parents who were not the birth mother - specifically, fathers, adoptive parents, and parents of...
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