Validity and Acceptance of Medical Certificates Issued by Traditional Healers

Overview

The TNHA has received numerous inquiries from employers regarding the acceptance of medical certificates from employees who have consulted a traditional healer, such as a ‘sangoma’. These certificates might appear official and even include practice numbers.

Legal Framework

According to the Basic Conditions of Employment Act (BCEA), employees are entitled to sick leave. Section 23 of the BCEA specifies that a medical certificate must be issued and signed by a medical practitioner registered with a professional council established by an Act of Parliament. The critical terms here are ‘registered’ and ‘council established by an Act of Parliament’.

Traditional Health Practitioners Act (THPA)

In 2007, the Traditional Health Practitioners Act (THPA) was signed into law. This Act categorizes traditional health practitioners into four types:

1. Diviners
2. Herbalists
3. Traditional birth attendants
4. Traditional surgeons

Section 47 of the THPA requires the Minister of Health to establish regulations, in consultation with the council, to oversee traditional healers’ practices, including their qualifications, registrations, age, and conduct. However, these regulations have not yet been put in place, and a fully functioning Traditional Health Professions Council of South Africa has not been established.

Current Status

Currently, only an Interim Council exists without the necessary regulations or administrative structures to function as intended by the THPA. As a result, traditional healers cannot register or obtain practice numbers that are recognized by the government.

Implications for Employers

Due to the lack of a fully functioning council and regulatory framework, medical certificates with practice numbers issued by traditional healers do not meet the requirements of Section 23 of the BCEA and are not acceptable as valid medical certificates.

We acknowledge the existence of several voluntary associations representing traditional healers. However, it is important to note that these associations are not statutory health bodies established by an Act of Parliament and therefore cannot issue government-sanctioned ‘practice numbers.’ These numbers are merely membership identifiers assigned to the members of these associations, similar to a club card number.

Considerations for Employers

• Cultural Sensitivity: It is essential to recognize that a significant portion of the South African population consults traditional healers as their primary health care providers. According to the World Health Organization, 60% to 72% of indigenous people in Southern Africa rely on traditional healers.
• Policy Adaptation: Employers should consider amending their sick leave policies to address the use of traditional healer certificates. Each case should be evaluated on its own merits, keeping in mind the cultural practices and beliefs of employees.

Conclusion

While the certificates from traditional healers are not legally valid under the current framework, employers should handle such situations with sensitivity and fairness. It is important to acknowledge the genuine health concerns of employees who consult traditional healers and adapt workplace policies accordingly.