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Should Sick Notes from Traditional Healers Be Accepted at Work? Legal Insights Explained

Last updated: April 10, 2025 2:43 pm
Karabo Makodi
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Should Sick Notes from Traditional Healers Be Accepted at Work?
Sowetan Live
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If you’ve ever worked in a South African office, you’ve probably heard stories—or maybe even shared your own—about someone taking a day off after visiting a traditional healer. For many, consulting a sangoma or inyanga isn’t unusual; it’s a cultural norm passed down through generations. But what happens when people submit sick notes from traditional healers at work?

Contents
  • The Legal Framework: What South African Law Actually Says
  • When the Courts Got Involved: A Story Worth Sharing
  • Reality Check: Is Registration Even Possible?
  • Respect Meets Regulation: Walking the Tightrope
  • Where Things Get Sticky
  • A Case for Balance and Clarity

Is it legally valid? Can your boss reject it? And what rights do employees have when it comes to honouring their cultural practices? Let’s unpack this evolving issue with some real-world context and legal clarity.

The Legal Framework: What South African Law Actually Says

Recognising Traditional Healing: The THPA

Back in 2007, South Africa took a major step toward embracing its diverse cultural fabric by passing the Traditional Health Practitioners Act (THPA). This law officially recognises traditional healers, and it also created the Traditional Health Practitioners Council of South Africa (THPCSA) to regulate them.

Now, here’s the kicker: For a sick note from a traditional healer to be legally accepted under labour law, that healer must be registered with the THPCSA.

Labour expert Jonathan Goldberg notes, “Traditional healers are recognised under South African law, but only those who are registered with the THPCSA can issue medical certificates that comply with labour legislation.”

The Final Word on Sick Notes

The Basic Conditions of Employment Act (BCEA) is clear: sick notes must come from a “medical practitioner” or someone registered with a recognised professional council—like the THPCSA. If the healer isn’t registered, the certificate doesn’t hold up legally.

And that means your employer has every right to say, “Sorry, this doesn’t count.”

When the Courts Got Involved: A Story Worth Sharing

In the well-known case of Kievits Kroon Country Estate v Mmoledi, an employee submitted a note from her traditional healer, claiming she needed to undergo a spiritual process. The employer wasn’t convinced and dismissed her. She took the matter to court—and won.

“Our Constitution recognises the right to culture and religion,” the Labour Appeal Court ruled. “In a multicultural society like ours, employers must be cautious not to infringe upon these rights unnecessarily.”

So, while the ruling emphasised cultural sensitivity, it didn’t change the law about registration. The healer still needs to be on the books at the THPCSA.

Reality Check: Is Registration Even Possible?

In practice, this gets tricky. The THPCSA is still building its database. So, many traditional healers, though legitimate, aren’t registered yet. This puts employers and employees in a difficult spot.

Imagine this: Thandi, a clerk from Soweto, consults her family’s trusted inyanga after recurring headaches. She gets a note, hands it to HR—and it’s rejected. The healer isn’t on the THPCSA register. Despite her genuine belief and discomfort, her leave is marked as unpaid. Fair? That’s the dilemma.

“If a traditional healer is not registered with the THPCSA, their certificate holds no legal weight under the BCEA.”

What Can Employers Do?

If a sick note from a traditional healer is presented, HR can (and should) request:

  • Proof of registration with the THPCSA
  • Contact details for verification

This isn’t about policing culture—it’s about following labour laws while treating staff with dignity.

Respect Meets Regulation: Walking the Tightrope

Here’s the heart of the issue: South Africa’s diversity is its strength. Department of Health, between 60% and 80% of South Africans turn to traditional healers for care. Ignoring this reality risks alienating a large portion of the workforce.

Dr. Mpho Letsholonyane, a Johannesburg labour consultant, puts it plainly: “Employers should not dismiss sick notes from traditional healers outright, especially if the employee shows sincere belief and intent to comply with policy.”

Updating Workplace Policies

Forward-thinking companies are already adapting. Some are creating space in their HR policies for traditional healer notes—provided there’s a process for vetting and verification. It’s about fairness and practicality.

Tips for employers:

  • Clearly state whether traditional healer notes are accepted
  • Outline verification steps
  • Educate staff about their rights and responsibilities

Where Things Get Sticky

Despite good intentions, the road to acceptance isn’t smooth:

  • Incomplete Registers: The THPCSA’s database is still under development.
  • Knowledge Gaps: Many HR teams and employees aren’t aware of what the law says.
  • Risk of Misuse: Unverified or fraudulent notes can slip through the cracks.

A joint effort between government, traditional health alliances, and employers is essential to bridge the gaps.

A Case for Balance and Clarity

Whether you’re in HR or just navigating your own workplace leave, the debate around sick notes from traditional healers highlights a bigger theme—respecting culture while staying compliant.

Yes, the law is clear: registration is non-negotiable. However, that doesn’t mean traditional beliefs should be ignored. It means we need better systems, clearer communication, and a genuine willingness to honour South Africa’s cultural complexity.

ALSO READ: USAID Freeze Forces Lesotho’s HIV Patients to Turn to Traditional Healers for Care

TAGGED:BCEAcultural beliefs in the workplacesick leave policiessick notes from traditional healersSouth Africa labour lawTHPCSATraditional Healers
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