, MRL3702 Assignment 2 Semester 1 2026 - DUE April 2026
(COMPLETE ANSWERS)
MRL3702 – Assignment 02 (2026)
Legal Opinion on the Validity of Traditional Healer Medical Certificates
1. Introduction
This matter concerns the validity of medical certificates issued by a registered traditional healer, Gogo
M’lungisi, in terms of section 23 of the Basic Conditions of Employment Act 75 of 1997 (BCEA). The
issue is whether the letters submitted by Ms Vitamin to justify her 60 days’ absence from work
constitute valid medical certificates under South African law.
2. Applicable 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 if the employee has been absent for more than two consecutive days (or on more than two
occasions within an eight-week period) unless the employee produces a medical certificate.
Section 23(2) states that a 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.”
Thus, the key legal question is whether a traditional healer qualifies as such a person.
2.2 The Traditional Health Practitioners Act 22 of 2007
The Traditional Health Practitioners Act 22 of 2007 (THPA) establishes a statutory council to regulate
traditional health practitioners in South Africa. The Act recognises traditional healers (including
sangomas) and provides for their registration.
(COMPLETE ANSWERS)
MRL3702 – Assignment 02 (2026)
Legal Opinion on the Validity of Traditional Healer Medical Certificates
1. Introduction
This matter concerns the validity of medical certificates issued by a registered traditional healer, Gogo
M’lungisi, in terms of section 23 of the Basic Conditions of Employment Act 75 of 1997 (BCEA). The
issue is whether the letters submitted by Ms Vitamin to justify her 60 days’ absence from work
constitute valid medical certificates under South African law.
2. Applicable 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 if the employee has been absent for more than two consecutive days (or on more than two
occasions within an eight-week period) unless the employee produces a medical certificate.
Section 23(2) states that a 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.”
Thus, the key legal question is whether a traditional healer qualifies as such a person.
2.2 The Traditional Health Practitioners Act 22 of 2007
The Traditional Health Practitioners Act 22 of 2007 (THPA) establishes a statutory council to regulate
traditional health practitioners in South Africa. The Act recognises traditional healers (including
sangomas) and provides for their registration.
