The Johannesburg High Court has given Parliament two years to"cure the defects" in the Basic Conditions of Employment Act and the Unemployment Insurance Fund Act.
Sections of the Basic Conditions of Employment Act and the Unemployment Insurance Fund Act have been declared unconstitutional because, when it comes to"maternity leave", they unfairly discriminate against mothers and fathers, surrogate parents, and those who adopt children. It also provides for"gender neutral" leave for parents who adopt children. One of the parents is entitled to consecutive ten weeks and the other parent to ten days leave, with the election being left up to the individuals.
He said the applicants argued that this was unconstitutional in that it was unfair discrimination and violated the dignity of all parents. While the Act was not an instrument to regulate family life or prescribe norms by which people should organise their lives, it must find application in a way that is in harmony with the Children's Act and the Constitution.