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MRL3702 Assignment 2 Semester 1 2026 - DUE April 2026 [COMPLETE ANSWERS ];100%TRUSTED WORKINGS

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MRL3702 Assignment 2 Semester 1 2026 - DUE April 2026 [COMPLETE ANSWERS ];100%TRUSTED WORKINGS MRL3702 ASSIGNMENT 02/2026 ASSIGNMENT 02: SEMESTER 1 ASSIGNMENT QUESTION Piet is amongst fifty-one employees of Half-Suiker Sak (Pty) Ltd (HSS). He is a manager in his division but reports to Ms Mondays, the Gauteng provincial manager, with whom he had a romantic relationship. Piet lost interest in their affair in March 2025 on the arrival of Ms Vitamin, a newly appointed clerk, with whom he engaged in a romantic relationship. By September 2025 already, Ms Vitamin’s absenteeism records indicated that she had been absent from work for sixty days. Upon investigation, Ms Mondays established that Ms Vitamin exhausted all her leave days for the year. Further, that she submitted three handwritten and signed letters from Gogo M’lungisi, a registered traditional healer, which indicated that Ms Vitamin was her patient for all the days she had been absent. One of the letters indicated that Ms Vitamin requested an extended unpaid leave so that she can answer ‘her calling to become a sangoma’ which Piet, her manager approved. In December 2025, Ms Mondays charged Ms Vitamin on a count of misconduct in relation to her absence from work for days in question. Ms Mondays is of the view that the letters are invalid and unlawful because Gogo M’lungisi is not eligible to issue doctor’s’ letters/notes for the purposes of section 23 of the Basic Conditions of Employment Act, 1997. With reference to applicable legal authority, advise both Ms Vitamin and HSS on the position of the law in South Africa on the validity and lawfulness of the letters issued by Gogo M’lungisi. [Your answer should not exceed 2 typed pages] TOTAL: [20]

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, MRL3702 Assignment 2 Semester 1 2026 - DUE April 2026
(COMPLETE ANSWERS)

MRL3702 – Assignment 02 (Semester 1, 2026)
Advice to Ms Vitamin and Half-Suiker Sak (Pty) Ltd (HSS)




1. Introduction


The dispute concerns the validity and lawfulness of medical certificates issued by Gogo
M’lungisi, a registered traditional healer, in terms of section 23 of the Basic Conditions of
Employment Act 75 of 1997 (BCEA). The issue is whether such certificates constitute valid
proof of incapacity for purposes of paid sick leave, and whether HSS may lawfully discipline
Ms Vitamin for absenteeism despite submission of these letters.




2. The Legal Framework


2.1 Section 23 of the BCEA


Section 23(1) of the BCEA provides that an employer is not required to pay an employee for
sick leave of more than two consecutive days, or on more than two occasions during an eight-
week period, unless the employee produces a medical certificate.


Section 23(2) states that the medical certificate must be issued and signed by a “medical
practitioner or any other person who is certified to diagnose and treat patients and who is
registered with a professional council established by an Act of Parliament.”


Therefore, the central legal question is whether a traditional healer falls within this statutory
definition.




3. Recognition of Traditional Healers in South African Law

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