Commission for Gender Equality welcomes Constitutional Court’s judgment on parental leave

The Commission for Gender Equality (CGE) welcomes the landmark ruling by the Constitutional Court in Van Wyk and Others v Minister of Employment and Labour he court’s judgment that parental leave entitlement between birth mothers and fathers amounts to discrimination represents a significant step forward in advancing gender equality.

The CGE also embraces the court’s affirmation that adoptive parents and commissioning parents in a surrogate agreement be granted the same leave entitlement as birth mothers under the Basic Conditions of Employment Act (BCEA) and Unemployment Insurance Fund (UIF) Act.

The Commission, as an applicant in the matter, has held the view that Section 25 of the BCEA and Sections 24, 26, 27, and 29 of the UIF Act contain provisions that entrench outdated gender roles, unfairly discriminating between parents based on sex, gender, and the method of family formation. By declaring these provisions unconstitutional, the Court has affirmed the principle that all parents, whether through birth, adoption, or surrogacy, must be treated with equal dignity and afforded equal rights.

The court’s ruling not only supports gender equity in the workplace but also acknowledges the importance of caregiving as a shared responsibility. It enables families to make decisions based on their unique circumstances rather than being confined by rigid legal categories.

The CGE urges Parliament to act swiftly to give legislative effect to this ruling, ensuring that South Africa’s parental leave framework is inclusive, equitable, and consistent with international best practice. We further call on employers, trade unions, and civil society to embrace this opportunity to build a culture of equality, care, and shared responsibility in both the workplace and the home.

This judgment is a victory not just for parents, but for children, families, and the broader project of gender equality in South Africa.

Enquiries:
Javu Baloyi
Spokesperson
Cell: 083 579 3306
E-mail: Javu@cge.org.za 

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