Further Legislative Developments

• Basic Conditions of Employment Act 75 of 1997: In Van Wyk and Others v Minister of Employment and Labour 2026 (1) SA 38 (CC) on 3 October 2025 the Constitutional Court declared ss. 25, 25A, 25B and 25C to be invalid and inconsistent with the Constitution to the extent that they unfairly discriminate between different classes of parents as to the length of parental leave available to parents, the unemployment benefits to which they are entitled and the periods for which unemployment benefits are paid. It was further declared that s. 25B (1) is invalid and inconsistent with the Constitution to the extent that it limits parental leave and related benefits to the case where the adopted child is below the age of two years. The declaration of constitutional invalidity was suspended for a period of 36 months to afford Parliament an opportunity to remedy the constitutional defects giving rise to the constitutional invalidity, during which period these provisions are amended as follows: 
  • The current allowance of four months for biological mothers should be retained. Parental leave should not be restricted to mothers but should extend to fathers as well. The additional 10 days contemplated in s. 25A should also be allowed, giving a total of four months and 10 days leave to be shared between the parents.
  • Where only one of the parents is employed, such parent should be entitled to the full parental leave. 
  • In the case of a biological birth, the mother must have preference in respect of the time currently allocated as preparation for and recovery from birth. Subject to this qualification, the parents should be entitled to share the available days as they choose. 
  • In the event of disagreement, the leave contemplated in the relevant section shall be apportioned between the parents in such a way that each parent’s total parental leave is as close as possible to half of four months and 10 days. There should be a requirement that a father who wishes to avail himself for paternity leave qualifies as one who has assumed parental rights and responsibilities over the child as contemplated in the Children's Act 36 of 2005.
• National Minimum Wage Act 9 of 2018: National minimum wage for 2026: Schedules 1 and 2 of the Act amended with effect from 1 March 2026 (GN R7083 in GG 54075 of 3 February 2026) (p3)
• Contact: myjutapockets@juta.co.za