The Constitutional Court has ruled that both parents, irrespective of gender, sex, colour, or circumstances, will now be entitled to equal parental leave of four months and 10 days that they can share among themselves.
This unanimous judgment was handed down on Friday by the apex court’s Justice Zukisa Tshiqi at the Apex Court’s sitting in Braamfontein, Johannesburg.
The Constitutional Court was delivering judgement on whether fathers may get the same number of days off for paternity leave as mothers. In 2023, the Gauteng High Court found that the existing laws unfairly discriminated against fathers by granting different leave entitlements.
The current laws of South Africa grant mothers four months of maternity leave. Fathers get 10 days of paternity leave.
Current laws bias against fathers
The applicants in the matter were a Mr Van Wyk and the Commission for Gender Equality. And the respondent was the Minister of Employment and Labour.
She said the ConCourt’s judgment is suspended for a period of 36 months. This in order to allow parliament to remedy the constitutional defects.
Tshiqi said the current law that gives mothers four months is retained. She said appropriate leave should be extended to fathers as well.
“The four months, 10 days to be shared among the parents as shared leave…” said Tshiqi.
She said the Minister of Employment and Labour must pay the legal fees of the applicants and its two counsel.
