(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