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Landmark parental leave ruling

Saturday Star

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October 25, 2025

FOLLOWING a landmark ruling by the South African High Court, parents will now be entitled to share a combined total of four months and 10 days parental leave. Previously, the law had granted mothers four months leave, while fathers were limited to just 10 days.

Landmark parental leave ruling

Unfair discrimination

The matter was brought to court by Werner and Ika van Wyk, Sonke Gender Justice, and the Commission for Gender Equality, among other organisations. The ruling states that the provisions of the current Basic Conditions of Employment Act (BCEA) regulating parental leave, offend against sections 9 and 10 of the South African Constitution as they unfairly discriminate between mothers and fathers.

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