Van Wyk & Others v Minister of Employment and Labour – Johannesburg High Court, Case No. 2022-017842

Date: 26/10/2023

Intro paragraph:

On 25 October 2023, judgment was handed down at the Johannesburg High Court by Deputy Judge President Roland Sutherland, in the matter of Werner van Wyk & Others V Minister of Employment and Labour.

It was declared that sections of the Basic Conditions of Employment Act 75 of 1997 and corresponding provisions in the Unemployment Insurance Fund Act 63 of 2001 are invalid, and inconsistent with provisions of the Constitution, to the extent that they: 1. unfairly discriminate between mothers and fathers; and 2. unfairly discriminate between one set of parents and another, on the basis of whether the children were born of a mother, conceived by surrogacy, or adopted.

Parliament will have two years from the date of the judgment to cure the defects of these provisions, with interim relief that entitles all parents to a collective period of at least four months of parental leave.

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