Medical Certificates From Traditional Healers

Employees are allocated 30 (Thirty) days of sick leave per 36 (Thirty-Six) months leave cycle. If an employee falls ill and misses more than 2 consecutive days of work, the employee must provide the employer with a medical certificate.  

With more South Africans consulting traditional healers, the question arises of whether employers are required to accept medical certificates from traditional healers.  

This further raises the question of whether traditional healers qualify as medical practitioners. These two issues were dealt with in Keviets Kroon Country Estate (PTY) Ltd and Mmoledi & Others [2014] 1 All SA 636 (SCA). The Supreme Court of Appeal held that the dismissal in the above matter was unfair due to the following considerations: cultural belief, traditional belief and the sincerity of the employee’s belief.  

The Court held that, under section 23(2) of the Basic Conditions of Employment Act No 75 of 1997, traditional healers are not considered medical practitioners because they are not registered with a professional council. The employer, therefore, did not need to compensate the employee for sick leave.  

In May 2014, the President made a proclamation that gave effect to several provisions of the Traditional Health Practitioners Act No 22 of 2007 (THPA). One of the significant changes this resulted in is section 4 of the THPA, which established an Interim Traditional Health Practitioners Council of South Africa. Although this proclamation provided for traditional healers to be registered with a medical council, section 47 of the THPA requires the Minister of Health, along with the Council, to establish criteria for developing the Council’s regulatory framework, including qualifications, age, and conduct of traditional healers. 

Until the Minister of Health has promulgated such regulations, employers are not obliged to accept medical certificates issued by employees’ traditional healers. Employers can therefore reject the medical certificate for sick leave and treat it as unpaid leave.