Sonke Gender Justice – a non-partisan, non-profit organisation that works for just, democratic societies and equitable, healthy relationships between men, women and young people – has weighed in on the latest court ruling regarding parental leave.
This follows the Johannesburg High Court ruling in the matter between Van Wyk & Others vs the Minister of Employment and Labour.
In its ruling in October, the high court abolished maternity leave as provided for in the Basic Conditions of Employment Act 75 of 1997 (BCEA).
Interim measure put in place
The ruling has been put in place as an interim measure, for two years, to give lawmakers room to amend the country’s laws.
It followed an application arguing that sections 25, 25A, 25B, and 25C of the BCEA are unconstitutional. These sections cover adoption leave, maternity leave, parental leave, and commissioning parental leave.
Upon analysing whether the provisions in the BCEA relating to maternity leave were because of a birth mother’s needs or child nurturing, the court found that the policy choices seen in the BCEA are in respect of child nurture and not merely a birth mother’s experience of pregnancy and childbirth, and her need for a physiological recovery period.
As a result, the court said both parents are able and should be entitled to provide comprehensive nurture to their child.
Shared care work
Sonke’s co-executive director Bafana Khumalo said the organisation welcomes the landmark judgment, saying it contributes to the growth of the country’s jurisprudence.
“Sonke welcomes this landmark judgment on parental leave which is contributing to growing our jurisprudence on the quest for shared care work in families,” said Khumalo.
He added that the judgment will influence a positive attitude towards care work.
“Although we did not get all that we prayed for, we are nevertheless gratified that the court was persuaded on the key asks by legal teams.
“This is groundbreaking and will go a long way in influencing a positive attitude towards care work.”
