LexiSA Case Watch
Real SA judgments, explained twice
Every post here is a real, newsworthy South African judgment — never a hypothetical. Each one is broken down twice: the legal principle for lawyers and law students, and the plain-language takeaway for anyone affected by it. Sourced from SAFLII and South African news reporting, with a source link on every post so you can verify it yourself.
Constitutional Court rewrites parental leave — not just for birth mothers anymore
Van Wyk and Others v Minister of Employment and Labour — Constitutional Court
Werner van Wyk's employer would only grant four months' parental leave to birthing mothers, not fathers. The Constitutional Court confirmed a High Court finding that the BCEA's leave scheme is unconstitutional because it excludes non-birthing, adoptive and commissioning parents from equal leave on the basis of sex and family structure.
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Depression diagnosis isn't an automatic shield against a performance dismissal
Abels v University of Stellenbosch and Others — Labour Court, Cape Town
A university administrator dismissed for poor performance argued his depression diagnosis should have protected him from dismissal. The Labour Court upheld a CCMA finding that the university had followed a fair incapacity process — a performance improvement plan, support and medical leave — and that the employee had not shown his condition directly caused the performance failures.
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