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:
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 4 months of parental leave.
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