For many years traditional healers have operated in an effective legal grey area. One area of contention was the legitimacy of medical leave certificates provided by a traditional healer, and whether these should be accepted by employers.
But legislation published for comment earlier this year - the Traditional Health Professional Regulations, 2024 (Regulations) - marked a significant step forward in terms of formalising the practice of traditional healing in South Africa.
Commenting on this are Employment Law experts at commercial law firm Cliffe Dekker Hofmeyr, who says that the 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.
“Once registered with the Interim Traditional Health Practitioners Council of South Africa (Council), practitioners will be officially recognised as traditional health practitioners. 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,” says legal experts.
Employment Law experts explains that the issue of medical certificates is one of the most pressing concerns addressed by these new Regulations and is one that employers must take cognisance of.
“Only registered traditional healers who are properly registered with the Council can issue legally valid medical certificates. Otherwise, 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,” advises CDH.
Employment Law experts add that for a traditional healer’s medical certificate to be considered legitimate, they must be registered with the Council and comply with the requirements outlined in the THPA.
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