The Centre for Human Rights, Solidarity Centre (South Africa), International Lawyers Assisting Workers Network, Labour Research Service, and the Centre for Child Law have been admitted as joint amici curiae in the Constitutional Court confirmation proceedings of Van Wyk and Others v Minister of Employment of Labour (CCT 308/23) and Commission for Gender Equality and Another v Minister of Employment and Labour and Others (CCT 309/23). The amici have been given leave to file joint written submissions by the end of June 2024.
The amici’s submissions will focus on international law instruments and norms relating to gender equality, non-discrimination, child rights and the rights of families in the context of parental leave. The amici will also canvas as trends in other countries relating to parental leave. The amici seek to draw the Court’s attention to these international and comparative trends which support the move from a scheme of maternity benefits for a child-rearing parent to one of robust equality and non-discrimination between a child-bearing and non-childbearing parent as well as for non-traditional parents who still carry the responsibility of child-rearing, such as adoptive and surrogacy commissioned parents. The amici will additionally focus on the best interests of the minor child and will also contextualise its submissions against the masculine interpretation, and development, of our labour laws, the principle of Ubuntu to develop the value of women’s work and care work, and the need to decolonise the current labour landscape.
A hearing date for the matter will be allocated in due course. The Centre for Human Rights welcomes this decision and looks forward to contributing to this important case together with its valued partners.
For more information, please contact:
Tamika Thumbiran
Admitted Advocate of the High Court of South Africa
tamika.thumbiran@up.ac.za
Mr Michael Nyarko
Manager: Litigation and Implementation Unit
michael.nyarko@up.ac.za
