The South Africa Constitutional Court has granted dads four months of shared parental leave. This landmark decision, handed down on Friday, 3rd October 2025, strikes down the previous legislation that granted mothers four months of maternity leave while fathers were entitled to a mere ten days.
The court found this disparity to be a form of unconstitutional discrimination, thereby affirming a prior ruling from the Johannesburg High Court in 2023. The verdict mandates that both parents now have the legal right to share a combined four months of leave following the birth or adoption of a child.
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South Africa’s Top Court Grants Dads Four Months Parental Leave
For countless new fathers, this ruling is a monumental shift. The previous system offered little time for bonding or supporting their partners. The confirmation from the nation’s highest court has been met with celebration from gender equality advocates and many parents. One source close to the proceedings stated,
“This judgement recognises that childcare is a shared responsibility. It is a significant step towards dismantling outdated gender stereotypes in our family structures and workplaces.”
The ruling empowers fathers to play a more active and present role from the very beginning of their child’s life, a change many have long awaited.
Despite the widespread approval, the ruling has not been without its critics. Some voices have expressed concern, arguing that biological realities create an inherent difference. A commentator noted,
“While the pursuit of equality is noble, we must acknowledge that it does not always equate to fairness in this context. Women carry the physical burden of pregnancy, childbirth, and often breastfeeding—responsibilities that men cannot naturally undertake.”
Employers and families alike must now navigate this new terrain, balancing the court’s drive for legal equality with the practical and biological nuances of early parenthood.
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