The case was initiated by Werner van Wyk and his spouse, Ika van Wyk. When Mrs van Wyk was pregnant, Mr van Wyk requested four months’ maternity leave from his employer so he could care for their newborn while Mrs van Wyk managed her businesses. The employer denied his request, citing a policy that restricted maternity leave to birthing mothers. As a result, Mr van Wyk was unable to access longer parental leave, despite his family’s needs and their decision for him to be the primary caregiver.
On 2 October 2025, the Constitutional Court confirmed the High Court’s finding of constitutional invalidity in respect of maternity and parental leave provisions of the Basic Conditions of Employment Act (BCEA). However, the Court suspended the invalidity for 36 months to allow Parliament to enact remedial legislation. In the interim, the Court ordered the following changes...
When examiners don’t get veterans’ records, bad decisions aren’t a mistake—they’re a systemic failure. In a blistering oversight hearing this week, members of Congress openly questioned whether th...