South Africa - October 2025
Constitutional court rules parents equally entitled to parental leave
On 3 October, the Constitutional Court ruled that all parents are equally entitled to parental leave granted under South African law, declaring that current provisions granting birth mothers four months leave and ten days to other categories of parents, were unconstitutional. The other categories of parent addressed were fathers, adoptive parents and parents of children born to surrogates. The Court found that by treating parents unequally in this way, the law unfairly burdened birth mothers with childcare duties, while marginalising the role of the other categories of parent and depriving parents of the choice of how to structure their child rearing responsibilities. The judgement allows parliament 36 months to remedy the law and, in the meantime, amends the current provisions to allow the four months and ten days leave to be shared between parents.
Sources: Constitutional Court of South Africa, Commission for Gender Equality, Sonke Gender Justice
Inquest finds Chief Albert Luthuli was murdered by apartheid police
On 30 October, the KwaZulu-Natal High Court ruled in its inquest into the 1967 death of Chief Albert Luthuli, concluding that the former president of the African National Congress (ANC) had been murdered by the apartheid police. Luthuli led the ANC from 1957 until his death, spearheading the struggle against apartheid and in 1961 was awarded the Nobel Peace Prize. The Court found that he had been beaten to death by members of the Apartheid Security Branch, in collaboration with employees of the South African Railway Company, and it set aside the ruling of a discredited 1967 inquest that Luthuli died after being hit by a goods train. Prosecutions are unlikely to follow, as those responsible for Luthuli’s death have either died or cannot be traced. However, the judge recommended that prosecutors investigate the kidnapping or enforced disappearance of witnesses in the case. The inquest is one of several reinvestigating the deaths of anti-apartheid leaders and activists.
Sources: Eye Witness News, Daily Maverick, Parliament of the Republic of South Africa
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