Mail & Guardian reports that civil court action has been instituted against the Department of Employment & Labour (DEL), challenging sections of the Basic Conditions of Employment Act related to “unconstitutional” parental leave provisions.

Werner van Wyk, who lives in Polokwane, had to quit his job after he was denied an equivalent of maternity leave when the couple decided that he would be the primary caregiver for their first child. Ika van Wyk runs two small businesses, which wouldn’t be able to trade if she took four months off. The court application is supported by Sonke Gender Justice. The parties are currently engaging with the court to get a date for the oral arguments. The current parent leave laws have been brought into question because fathers are entitled to only 10 days after the birth of their children, whereas mothers are entitled to four months of unpaid maternity leave. Werner pointed out that not allowing men to share in daily childcare activities leaves female business owners no choice but to step away from their businesses. By doing so, he said, their businesses were jeopardised, risking the livelihood of dependents. Advocate Kaiél Grobler, of Law For All, said: “These laws were discriminatory at its core and intended to keep men in the labour force and women out.”

• Read the full original of the report in the above regard by Mandisa Ndlovu at Mail & Guardian (subscriber access only)

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