In a powerful move toward equality, South Africa’s Constitutional Court has ruled that fathers should also be allowed to take maternity leave, giving both parents the right to share the standard four months of parental leave.
The decision marks a historic end to laws that previously favored mothers, leaving fathers, adoptive parents, and partners in surrogacy with limited or no time to bond with their children.
The case, led by Werner van Wyk and others, challenged the constitutionality of the old policy, arguing that it discriminated based on gender and reinforced outdated views about caregiving.
The court agreed — declaring that love, care, and bonding with a child should not be defined by gender.
Under the new ruling, parents can now share the four-month parental leave however they choose. Whether the father stays home while the mother returns to work or they alternate the months, families now have the freedom to decide what works best for them.
Employers are required to update their workplace policies to align with this new law, which also affects parental benefits under the Unemployment Insurance Act.
The ruling has been celebrated across South Africa as a victory for modern parenthood and gender equality, breaking the traditional belief that childcare is a woman’s duty.
“This decision redefines family,” one rights advocate said. “It reminds us that raising a child is not a woman’s job — it’s a shared mission built on love and teamwork.”
The move is being hailed as a progressive step for Africa, inspiring other countries to rethink gender roles in parenting and promote family structures rooted in equality, not tradition.