South African Parental Leave judgment October 2023 (Van Wyk and others Vs Minister of Employment and labour with amici case no 017842-2022)

The Johannesburg High Court has handed down a judgement that will now see South African fathers enjoy up to four months of parental leave and associated Unemployment Insurance Fund benefits. The matter was brought to court by a Polokwane couple, Werner and Ika van Wyk, with Sonke Gender Justice and the Commission for Gender Equality among other organisations appearing as amicus.

The verdict as delivered by Deputy Judge President Roland Sutherland, concluded that the provisions of the current BCEA regulating parental leave offend against sections 9 and 10 of the Constitution as they unfairly discriminate between mothers and fathers. Under the new interim conditions, new parents from a natural birth will be able to determine how the four months of parental leave is shared among themselves, while parents of surrogate children, and adoptive parents to children under the age of two will get to enjoy the same parental leave rights.

Sonke believes this ruling marks a new era of a more inclusive and equitable society, as well as recognising the diversity of modern family structures and that both parents play an integral part in the nurturing of children.