Pretoria: The Commission for Gender Equality (CGE) has welcomed the landmark Constitutional Court ruling on parental leave equality as a significant step forward in advancing gender equality in South Africa. On Friday, the court ruled that the current parental leave provisions under the Basic Conditions of Employment Act (BCEA) and the Unemployment Insurance Fund (UIF) Act, unfairly discriminate between birth mothers, fathers, adoptive parents, and commissioning parents in surrogacy arrangements.
According to South African Government News Agency, the judgment highlighted that the differentiation in leave entitlement amounts to unfair discrimination on the grounds of sex, gender, and family structure. The court declared that parents will now be entitled to four months and 10 days of parental leave, which they may share between them.
Commission for Gender Equality spokesperson, Javu Baloyi, said the Commission, which participated in the case as an applicant, has held the view that Section 25 of the BCEA and S
ections 24, 26, 27, and 29 of the UIF Act, contain provisions that entrench outdated gender roles, unfairly discriminating between parents based on sex, gender, and the method of family formation. ‘By declaring these provisions unconstitutional, the court has affirmed the principle that all parents, whether through birth, adoption, or surrogacy, must be treated with equal dignity and afforded equal rights,’ Baloyi said.
The CGE also welcomed the court’s decision to extend equal leave entitlements to adoptive and commissioning parents in a surrogate agreement be granted the same leave entitlement as birth mothers. Baloyi noted that the ruling not only supports gender equity in the workplace but also acknowledges the importance of caregiving as a shared responsibility. ‘It enables families to make decisions based on their unique circumstances rather than being confined by rigid legal categories.’
The Commission has urged Parliament to act swiftly to amend legislation in line with the ruling, ensuring that Sou
th Africa’s parental leave framework is inclusive, equitable, and consistent with international best practice. The CGE also called on employers, trade unions, and civil society to embrace this opportunity to build a culture of equality, care, and shared responsibility both at work and at home. ‘This judgment is a victory not just for parents, but for children, families, and the broader project of gender equality in South Africa,’ Baloyi said.