The Constitutional Court has ruled that fathers are now entitled to the same parental leave as mothers, marking a historic step towards gender equality in South Africa’s workplace policies.

The court found that the current law was discriminatory and unconstitutional, as it unfairly limited fathers’ role in childcare. Until now, the Basic Conditions of Employment Act granted mothers four months of maternity leave, while fathers were restricted to just ten days.

In its judgment, the court emphasised that the law perpetuated the outdated view that women should be the primary caregivers. Justice Zukiswa Tshiqi, delivering the ruling, said that fathers had been marginalised by the legislation, depriving them of the choice to share childcare responsibilities more equally.

While the total leave allocation remains four months and ten days, parents will now have the right to divide this time between them. This means that mothers and fathers can choose to split the leave in a way that best suits their family, including dividing it equally.

The ruling is expected to ease the burden on mothers and create greater flexibility for families, while also challenging traditional gender roles. It is being hailed as a victory for both gender equality and children’s right to nurturing care from both parents.