Historic Ruling: South Africa Sets Precedent for Shared Parental Leave

In a historic move, South Africa is poised to become the first country in Africa to introduce shared parental leave, following a groundbreaking high court ruling. The court has decreed that both parents now have the right to time off after the birth of a baby or the adoption of a child, marking a significant departure from the previous norm.

This landmark judgement allows parents the flexibility to determine how to divide a total of four months of parental leave between them. Previously, mothers were entitled to a four-month leave, while fathers or partners were limited to a maximum of 10 days.

While several African nations have seen progress in guaranteeing paid leave for fathers over the past two decades, the durations often remain below three weeks, with some countries allowing only two or three days off. The recent ruling in South Africa is being hailed as a tremendous step forward by campaigners, signalling a positive shift in aligning the nation’s laws with constitutional principles.

Wessel van den Berg, MenCare officer at Equimundo, a gender equality organisation, expressed his enthusiasm, stating, “It raises the bar on leave for parents in a wonderful way. I’m thrilled our law is becoming more in line with our constitution.” However, he also emphasised the need for further reforms to bring policies in line with the realities of life in the country, giving politicians a two-year window to refine and develop the law.

Nkululeko Mbuli, a communications strategist for Embrace, a social movement for mothers, welcomed the policy as a step in the right direction but voiced concerns about potential shortcomings. She noted that the judgement places the responsibility for leave on individuals rather than fostering a caring system, leaving out the unemployed and those in insecure employment.

Thandile Ndoda, a 30-year-old resident of Cape Town expecting a baby with her husband Kwanda, shared their perspectives on the ruling. While Kwanda lauded the “progressive” move and expressed his willingness to take more leave to support Thandile, they both agreed that mothers should not have to sacrifice their maternity leave.

“I think fathers should be allowed to be at home more, but I don’t agree with sacrificing the mother’s maternity leave,” said Thandile. Kwanda added, “I think the new generation of men is taking on a more liberal stance. They want to be a core part of their children’s lives.”

Advocates, including Van den Berg and Mbuli, are pushing for additional non-transferable “use it or lose it” leave for both parents, a model successfully implemented in Spain and Sweden. While acknowledging that the journey is far from over, Van den Berg sees this judgement as a promising step toward a more equitable and balanced care-giving landscape in South Africa.