AUTOFORUM

MISA comment - Liberating judgement for gender equality

Oct 03, 2025 MISA, Motor Industry Staff Association, Martle Keyter, Constitutional Court, Basic Conditions of Employment Act (BCEA)

MISA comment - Liberating judgement for gender equality

MISA, the Motor Industry Staff Association, is delighted with the Constitutional Court’s decision to confirm the landmark High Court judgement allowing parents to share maternity leave previously reserved for biological mothers.

“The judgement gives parents equal rights when taking parental leave. It will now be up to parents to decide amongst themselves how they will share their parental leave. Employers will have to amend their parental leave policies to adhere to the judgement,” says Martlé Keyter, MISA’s Chief Executive Officer: Operations.

The Constitutional Court confirmed that the Basic Conditions of Employment Act (BCEA) unfairly discriminates by giving mothers four months’ maternity leave and fathers just ten days paternity leave. These sections in the Act were declared unconstitutional and invalid. Both parents won’t be allowed to take four months’ consecutive leave, but both parents will qualify to apply for payment from the Unemployment Insurance Fund (UIF) for the period of leave taken by each of them. The judgement recognises that both parents play an integral part in the nurturing of young children and acknowledges a society where the male is not necessarily the main breadwinner and the female is not necessarily the primary care-giver.

In October 2023 the High Court suspended the declaration for two years. That means the amendments to the BCEA and the UIF Act should be published in the Government Gazette soon.

MISA members should know that it is not law as yet. For more information contact Carstens on 082 463 6806 or e-mail mailto:Sonja.Carstens@ms.org.za.

#PROUDLYMISA #MISALEADS #MISACARES #MISAONTHEMOVE #MISAFAMILY