South Africa’s rich cultural tapestry often intertwines with its labour landscape, particularly regarding the role of Traditional Healers in providing medical certificates. This article clarifies the legal nuances surrounding the acceptance of such certificates within the formal framework of labour and healthcare systems.

Legal Framework: Understanding Valid Medical Certificates

The Basic Conditions of Employment Act 75 of 1997 (BCEA) defines a medical practitioner as someone entitled to practice under the Medical, Dental and Supplementary Health Service Professions Act, 1974. According to BCEA Section 23, a valid medical certificate must be issued and signed by a registered medical practitioner or an authorized person.

Traditional Healers within the Legal Framework

The BCEA and the Traditional Health Practitioners Act 22 of 2007 acknowledge traditional healers as persons certified to diagnose and treat patients. Traditional healers must register with the Traditional Health Practitioners Council (THPC) to issue acceptable medical certificates. Post-registration, traditional healers must meet sick leave payment requirements similar to conventional medical practitioners.

Case Law: Insights from Kievits Kroon Country Estate v CCMA & Others

In the case of Kievits Kroon Country Estate (Pty) Ltd v CCMA & others [2011] 3 BLLR 241 (LC), an employee sought leave for traditional healer training due to ancestral visions. Despite presenting a traditional healer’s certificate, her employer refused it, leading to a legal dispute. The Labour Court upheld the employee’s action, citing the Constitution’s recognition of traditional beliefs.

Conclusion: Balancing Belief and Legal Obligations

Employers face a delicate balance between respecting traditional beliefs and upholding legal obligations. While the law requires compliance with BCEA standards for medical certificates, precedents like the Kievits Kroon case underscore the importance of acknowledging traditional healing practices only if they comply with the provisions as set out by law.

Guidance for Employers

Employers should strictly assess the validity of medical certificates issued by traditional healers, ensuring compliance with BCEA requirements and THPC registration. In cases of uncertainty or non-compliance, employers may opt for unpaid leave instead of accepting questionable certificates, thus maintaining legal compliance while respecting cultural diversity.