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A Limpopo couple argued that provisions in the Basic Conditions of Employment Act, which give mothers four months’ maternity leave and fathers just ten days off after the birth of a child, were discriminatory.
Sections of the Basic Conditions of Employment and the Unemployment Insurance Fund acts declared unconstitutional
Sections of two acts declared unconstitutional.
The high court has emphasised that all categories of parents, whether by birth, adoption or surrogacy, should have equal leave durations.
In 2024, with any luck, the Multi-Party Charter, or some other configuration of opposition parties, will take over the reins of central government, or at least one or two additional provincial governments. But just because the ANC is electorally deposed does not mean that it is out of government. There will need to be significant terminations of employment by any new government dedicated to reform.