South Africa Grants Fathers Equal Paternity Leave to Mothers

By Amanuel Janberu
Published on 10/06/25

South Africa's Constitutional Court has ruled that all parents should have equal parental leave.

The decision is seen as a landmark decision and a major victory for gender equality and family rights.

Under the previous law, mothers were entitled to four months of parental leave, while fathers were only entitled to 10 days.

The country's Constitutional Court ruled that the law was unconstitutional and discriminated against fathers.

The court therefore ruled that both parents should be entitled to equal parental leave, which they can use as they wish.

In 2023, the country's lower court found that parts of two of the country's laws were unfair and violated the rights of many families.

The court gave the House of Representatives three years to amend the law in line with its ruling.

Until the law is amended, parents can decide how they want to use their four months and 10 days of maternity leave, it said.