Groundbreaking South African court rulings of 2025

SOUTH Africa’s 2025 saw numerous groundbreaking judgments being delivered — from paving the way for new legislation to making life a bit easier for some.

- ZELDA VENTER

The High Courts in Gauteng — said to be the busiest division in the country - were as usual buzzing, while the Constitutional Court, although behind with some judgments, saw numerous headlines made.

Probably one of the most significant changes for South Africans came from the apex court, which not only established universal shared parental leave, a major win for gender equality, but also paved the way for husbands to take on their wife’s surnames, if they so wish.

The ConCourt in September declared part of the Births and Deaths Registration Act unconstitutional, granting people freedom in choosing surnames. The ruling allows husbands to adopt their wives’ surname if they so wish. The decision sparked debate, with supporters seeing it as progressive, while some traditionalists voiced concern about African cultural norms and family identity.

Proving that South Africa has one of the best Constitutions, if not the best, the Constitutional Court also revolutionised parental leave by mandating equal leave for all parents, available to be shared, as the parents see fit.

In its landmark ruling in October, the court declared the old maternity/ parental leave system invalid, creating a shared entitlement of four months and 10 days leave. This extends to biological, adoptive and commissioning parents.

Earlier this year, in May, the Constitutional Court also significantly changed the lives of those with visual disabilities, when it declared the Copyright Act unconstitutional. This was as the Act previously prevented disabled persons from accessing reading materials in usable formats, such as braille, without the copyright holder’s permission.