03/10/2025 Bertus Preller Gender discrimination, Gender equality, Maternity leave discrimination, Parental leave, Parental leave sharing, Surrogacy parental leave adoption leave age cap, adoptive parent discrimination, basic conditions of employment, BCEA section 25, commissioning parent leave, Constitutional Court 2025, Constitutional Court confirmation, fathers parental rights, four months parental leave, gender equality labour law, gender stereotypes caregiving, Harksen equality test, human dignity section 10, interim reading-in remedy, Justice Tshiqi judgment, labour law reform, maternity leave discrimination, NEDLAC consultation, parental leave sharing, parental leave South Africa, paternity leave rights, section 9 Constitution, shared parental leave, surrogacy parental leave, suspended declaration invalidity, ten days paternity leave, Unemployment Insurance Act benefits, unfair discrimination gender, Van Wyk case, work-family balance Ten Days and You are Done? How Van Wyk Demolished South Africa’s Parental Leave Gender Gap – Van Wyk and Others v Minister of Employment and Labour; Commission for Gender Equality and Another v Minister of Employment and Labour and Others [2025] ZACC 20 (3 October 2025). When Ten Days Wasn't Enough: The Van Wyks' Journey to the Constitutional Court The seed of this constitutional challenge was planted in the lived reality of a Johannesburg couple facing… READ MORE
03/10/2025 Bertus Preller Alimony, Costs, Divorce, Divorce Amendment Act 2024, Iddah period maintenance, Maintenance, Muslim Marriages, Rule 43, Rule 43 Cost Contributions, Rule 43 orders, Spousal Maintenance, Talaq asset redistribution Muslim marriages, capital expenditure maintenance, constitutional parity litigation, costs contribution equality, Discovery medical scheme, divorce action mootness, Divorce Amendment Act 2024, hyperthyroidism treatment costs, iddah period maintenance, interim maintenance pendente lite, Islamic principles maintenance, matrimonial law South Africa, medical aid obligations divorce, Muslim marriage dissolution, Muslim marriage divorce, Pangarker J judgment, pending divorce proceedings, provident fund settlement, reasonable maintenance needs, religious marriages recognition, Rule 43 Application, section 7(3A) redistribution, section 9 Constitution, Shariah law South Africa, spousal maintenance obligations, Talaq legal effect, Taute v Taute principles, Uniform Rule 43, Western Cape High Court, Women's Legal Centre Trust case When Talaq Meets the Courtroom: Interim Maintenance After Islamic Divorce Under the 2024 Amendments – S.W v A.L (2025/094930) [2025] ZAWCHC 440 (29 September 2025). Factual Matrix: A Rule 43 Application Following Talaq and Divorce Summons The applicant and respondent in S.W v A.L (Case No 2025-094930) ZAWCHC 440 were pensioners who had married each… READ MORE
13/09/2025 Bertus Preller Births Deaths Registration Act, Constitutional law, Gender discrimination, Gender equality, Marriage equality, Patriarchal laws, Surname changes, Unfair discrimination Births Deaths Registration Act, Civil Union Act, colonial law legacy, constitutional challenge, Constitutional Court, constitutional law, discrimination analysis, equality jurisprudence, equality rights, family identity choices, Family Law, gender discrimination, Gender Equality, gender-neutral legislation, human dignity, legislative reform, marital naming rights, marriage equality, men's rights, patriarchal laws, reading-in remedy, section 9 Constitution, South African Law, substantive equality, surname changes, suspended declaration invalidity, unfair discrimination, women's rights Constitutional Court Ends Gender-Based Surname Discrimination: Jordaan and Others v Minister of Home Affairs and Another (CCT 296/24) [2025] ZACC 19 (11 September 2025) – Husbands Can Now Take Their Wives’ Surnames. The Factual Matrix: When Husbands Want to Take Their Wives' Surnames The facts giving rise to this landmark constitutional challenge present a stark illustration of how outdated legislation can collide… READ MORE