The Validity of Traditional Healers’ Medical Certificates in the Workplace: A Legal Perspective on Inclusion and Compliance

South Africa’s rich tapestry of cultures and beliefs often finds expression in unexpected places, including the workplace. One of the more contested intersections of tradition and regulation lies in whether sick notes issued by traditional healers should be accepted by employers. The answer is neither wholly yes nor an outright no, as it is rooted in a delicate balancing act between statutory compliance, constitutional values, and the cultural identity of the employee.

This article explores when, and under what circumstances, employers are legally obliged, or at least advised, to accept medical certificates from traditional health practitioners, and how best to navigate this nuanced terrain.

 

The Legal Benchmark: What Constitutes a Valid Sick Note?

 

Section 23 of the Basic Conditions of Employment Act (BCEA) is the primary statute governing sick leave and the acceptance of medical certificates. According to Section 23(2):

“The medical certificate must be issued and signed by a medical practitioner or any other person who is certified to diagnose and treat patients and who is registered with a professional council established by an Act of Parliament.”

Traditionally, this has meant practitioners registered with the Health Professions Council of South Africa (HPCSA) or the Allied Health Professions Council of South Africa (AHPCSA). Nurses, clinic assistants, or unregistered individuals, regardless of their qualifications or skill, do not meet these criteria.

Critically, this has historically excluded traditional healers, until the passage of the Traditional Health Practitioners Act 22 of 2007.

 

Recognising Traditional Healers in Law

 

The Traditional Health Practitioners Act (THPA) aims to formalise the role of traditional healers in South African society. It established the Traditional Health Practitioners Council of South Africa (THPCSA), enabling traditional healers to become registered professionals who can diagnose, treat, and, pertinent to this discussion, issue valid sick notes.

However, despite the THPA being enacted, its implementation has lagged. The required regulations that would integrate traditional healers into the broader legal framework for sick leave were only published for comment in 2024, and are not yet fully in force.

As a result, until a traditional healer is formally registered with the THPCSA, a sick note issued by them does not legally comply with Section 23(2) of the BCEA. Without such registration, employers are within their rights to reject the sick note and treat the absence as unpaid leave.

 

The Kieviets Kroon Case: A Cautionary Tale

 

 

In Kieviets Kroon Country Estate (Pty) Ltd v Mmoledi & others 2014 (1) SA 585 (SCA), the Labour Appeal Court was asked to decide whether an employee who missed work to undergo traditional healer training could be fairly dismissed. The employee submitted a certificate from a traditional healer citing “premonitions of ancestors”.

Although the court did not validate the sick note as one for “medical illness” in terms of the BCEA, it did affirm the employee’s sincere belief and cultural obligation. The court found the dismissal substantively unfair, noting that the Constitution recognises traditional beliefs. However, this was not treated as a case of “sick leave,” but rather incapacity due to cultural obligations.

This distinction is crucial: an absence grounded in traditional belief may be justifiable, even if not formally covered by paid sick leave provisions.

When Must Employers Accept a Traditional Healer’s Sick Note?

 

Where the following criteria are met:

1. The traditional healer is registered with the Traditional Health Practitioners Council of South Africa.
2. The certificate complies with the ethical and professional standards expected of other medical professionals, namely: legibility, personal examination, signed by hand, stating incapacity, and including the healer’s full name, address, and registration details.
3. The certificate pertains to actual illness or incapacity, not solely spiritual or cultural obligations, which may fall under other leave categories.

 

Best Practices for Employers: Balancing Legal Compliance and Cultural Sensitivity

 

Given the evolving legal framework, employers should adopt a two-tiered approach:

1. Legal Verification

• Always verify whether the traditional healer is registered with the THPCSA.
• Contact the council to authenticate the registration and legitimacy of the certificate.
• Reject illegible, altered, or unsigned certificates in line with the HPCSA guidelines.

2. Cultural and Procedural Fairness

• Evaluate whether the employee’s belief is sincerely held and communicated in good faith.
• Determine whether the employee followed company leave procedures to the best of their ability.
• Consider treating certain absences as unpaid authorised leave rather than misconduct.

Incorporating these practices into workplace policy demonstrates a commitment to both compliance and inclusivity.

 

Policy Recommendations: Updating HR Practices

 

To prepare for the increasing formalisation of traditional healing in South Africa, employers should:

• Update sick leave and incapacity policies to recognise THPCSA-registered traditional healers.
• Train HR personnel and managers to distinguish valid from non-compliant sick notes.
• Create internal protocols for verifying practitioner registration and certificate legitimacy.
• Avoid blanket rejections of traditional healer notes, especially where cultural rights may be implicated.

 

Conclusion: A Time for Nuanced Recognition

 

The question of whether to accept a traditional healer’s sick note is not solely a legal one; rather, it is a question of respecting cultural identity within the framework of South Africa’s labour law. Until the relevant THPCSA regulations are fully operational, employers are not legally obliged to pay sick leave based on these certificates.

However, the jurisprudence, particularly in Kieviets Kroon, reminds us that the Constitution compels a respectful and inclusive approach to cultural beliefs. Employers should view the evolving legal recognition of traditional healers as an opportunity to align with the spirit of the law, not just it’s letter.

In a diverse nation such as ours, a thoughtful, informed, and human-centred response is not only lawful but necessary.

For assistance with sick leave disputes or policy reviews, contact SchoemanLaw Inc. for expert guidance tailored to your industry and workforce.