If you have any questions about other Labour or Land issues, contact McCarthy & Associates Attorneys on (033) 266 6170 or via email
If you have any questions about other Labour or Land issues, contact McCarthy & Associates Attorneys on (033) 266 6170 or via email
Over half of South Africans are estimated to consult with a traditional healer instead of what one would consider a ‘regular doctor’ for their medical needs. While most employers, especially those in the professional sphere, would be reluctant to accept a medical certificate from a traditional healer or would want to refuse to endorse it, the Labour Appeal Court (LAC) has held that traditional healers’ medical certificates should be accepted (Kiviets Kroon Country Estate (Pty) Ltd v Mmoledi & others [LAC] JA78/10).
The LAC said the Constitution recognises traditional beliefs and practices, so they should be accepted by employers. On appeal, the Supreme Court of Appeal (SCA) confirmed the findings of the LAC.
Moreover, in the agricultural sector, Sectoral Determination 13 provides that medical certificates issued by the health professionals as authorised to diagnose medical conditions and those from traditional healers and community health workers are considered valid.
Section 23 of the Basic Conditions of Employment Act 75 of 1997 (BCEA) regulates sick leave and states that a medical certificate must be signed by a medical practitioner registered with a professional council.
To give effect to the beliefs and practices of many South Africans and to fall in line with Section 23 of the BCEA, provisions of the Traditional Health Practitioners Act 22 of 2007 (THPA) have been given effect to in recent years. The THPA provides that traditional healers are now recognised as legal traditional health practitioners once registered as such. Therefore, such registered traditional healers’ medical certificates will be legally recognised as valid, and employers should accept them from their employees. Additionally, the certificate will also be valid if it justifies an employee’s absence from work.
Employers, therefore, do not have to accept the medical certificate from merely any traditional healer, only one that comes from a traditional healer who is registered with a professional council (e.g. Traditional Healers Association or African National Healers Association). If an employer is now provided with a medical certificate from a registered traditional healer, they have to give their employee paid sick leave.