, MRL3702 Assignment 2 Semester 1 2026 - DUE April 2026
Legal opinion on the validity and lawfulness of traditional healer
medical certificates under South African labour law
Introduction
The facts present a dispute concerning prolonged absenteeism, the
validity of medical certificates issued by a registered traditional healer,
and the employer’s response under South African labour law. Ms
Vitamin, an employee of Half-Suiker Sak (Pty) Ltd (HSS), was absent
from work for an extensive period and submitted handwritten letters
from Gogo M’lungisi, a registered traditional healer, purporting to
justify her absence and to support a request for extended unpaid leave
to answer a spiritual calling to become a sangoma. Ms Mondays, the
provincial manager, contends that these letters are invalid and unlawful
because the issuer is allegedly not authorised to issue medical
certificates for purposes of section 23 of the Basic Conditions of
Employment Act 75 of 1997 (BCEA).
The issue requires an evaluation of (a) whether traditional healers may
lawfully issue medical certificates recognised under the BCEA, (b)
whether the letters provided meet the statutory requirements, and (c)
whether disciplinary action for misconduct based on absenteeism is
legally sustainable. The answer must be grounded in statutory
interpretation, constitutional principles, and relevant labour
jurisprudence.
Legal opinion on the validity and lawfulness of traditional healer
medical certificates under South African labour law
Introduction
The facts present a dispute concerning prolonged absenteeism, the
validity of medical certificates issued by a registered traditional healer,
and the employer’s response under South African labour law. Ms
Vitamin, an employee of Half-Suiker Sak (Pty) Ltd (HSS), was absent
from work for an extensive period and submitted handwritten letters
from Gogo M’lungisi, a registered traditional healer, purporting to
justify her absence and to support a request for extended unpaid leave
to answer a spiritual calling to become a sangoma. Ms Mondays, the
provincial manager, contends that these letters are invalid and unlawful
because the issuer is allegedly not authorised to issue medical
certificates for purposes of section 23 of the Basic Conditions of
Employment Act 75 of 1997 (BCEA).
The issue requires an evaluation of (a) whether traditional healers may
lawfully issue medical certificates recognised under the BCEA, (b)
whether the letters provided meet the statutory requirements, and (c)
whether disciplinary action for misconduct based on absenteeism is
legally sustainable. The answer must be grounded in statutory
interpretation, constitutional principles, and relevant labour
jurisprudence.
