Sonke Gender Justice applauds court ruling on paternity leave
Sonke Gender Justice Network has applauded the Johannesburg High Court's decision to grant parents of a four-month-old baby the right to share maternity leave between them.
The matter was brought by the couple Ika and Werner van Wyk, the Commission for Gender Equality and Sonke Gender Justice.
The applicants challenged the Basic Conditions of Employment Act regarding parental leave provisions.
On Thursday, the court found the act to discriminate between mothers and fathers unfairly.
Sonke Gender Justice Co-Executive Director Bafana Khumalo says the ruling marks a new era of a more inclusive and equitable society, as well as recognising the diversity of modern family structures.
“We welcome this landmark judgement, which is contributing to growing our jurisprudence on the quest for shared care work in families. Although we did not get all that we prayed for, we are nevertheless gratified that the court was persuaded on the key asks by the legal teams,” said Van Wyk.
"This is groundbreaking and will go a long way in influencing a positive attitude towards shared care work. Sonke has noted that the court has called on the legislature to remedy the identified defects in the laws and ensure that amendments are effected within the next 24 months.
"Together with partners, Sonke will remain engaged in this process to monitor the implementation of this judgment," he added.
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