Should a sick note from a traditional healer be recognised at work?

For many years, traditional healers have operated in an effective legal grey area. One area of contention is the legitimacy of medical leave certificates provided by traditional healers and whether employers should accept them.

Employment Law experts at Cliffe Dekker Hofmeyr say legislation published for comment earlier this year— the Traditional Health Professional Regulations, 2024 (Regulations) —marked a significant step forward in formalising the practice of traditional healing in South Africa.

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The Traditional Health Act

“Regulations aim to formalise and professionalise traditional health practices in South Africa and are set to be implemented under the Traditional Health Practitioners Act 22 of 2007 (THPA) to ensure that traditional health practices are standardised and practiced safely across the country,” says Phetheni Nkuna from Cliffe Dekker Hofmeyr.

The Traditional Health Practitioners Act 22 of 2007 in South Africa aims to establish a regulatory framework for traditional health care services, ensuring their efficacy, safety, and quality while managing traditional health practitioners’ registration, training, and conduct. 

Nkuna adds that once registered with the Interim Traditional Health Practitioners Council of South Africa (Council), practitioners will be officially recognised as traditional health practitioners.

Regulations of the Traditional Health Act

Thato Makoaba says that while the THPA has been in existence since 2007, the regulations are the key to bringing the act into full operation, with an emphasis on establishing clear guidelines for those seeking to practice traditional health.

To practice legally, individuals must register with the Council: “Traditional healers must complete an application form and pay the required fees to register with the Council.

“Only officially registered people will be recognised as traditional health practitioners under the law.”

Makoaba also says traditional healers will be required to undergo training to ensure that practitioners possess the necessary knowledge and experience to provide safe and effective care.

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Can they issue valid medical certificates?

Khutso Mongadi says only traditional healers properly registered with the Council can issue legally valid medical certificates.

“Only those who meet the standards set out in section 21 of the THPA are authorised to issue and sign medical certificates.

“This provision stipulates that ‘no person may practice as a traditional health practitioner within the Republic unless he or she is registered in terms of the [THPA].”

Mongadi adds that employers may reject non-compliant certificates.

“In line with section 23(2) of the BCEA, medical certificates issued by traditional healers who have not met the registration requirements of the THPA will not be legally recognised. “Employers must be cognisant of this when dealing with proof of incapacity in their sick leave policies and sick leave management systems.”

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