1|Page
MRL3702 Assignment 2 Semester 1 2026 (Answer Guide) - DUE April
2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
Legal Analysis of the Validity of Medical Certificates Issued by a Traditional Healer ...... 2
1. Introduction ....................................................................................................................................... 2
2. Legal Framework Governing Sick Leave in South Africa ..................................................... 2
2.1 Section 23 of the Basic Conditions of Employment Act ................................................. 2
2.2 Recognition of Traditional Healers in South African Law .............................................. 2
3. Validity of the Letters Issued by Gogo M’lungisi .................................................................... 3
3.1 Medical Certificates for Sick Leave Purposes ................................................................... 3
3.2 Distinction Between Sick Leave and Other Forms of Absence .................................... 4
4. Advice to Half-Suiker Sak (Pty) Ltd ............................................................................................ 4
5. Advice to Ms Vitamin ...................................................................................................................... 5
6. Conclusion ........................................................................................................................................ 5
Reference List ....................................................................................................................................... 6
, 2|Page
Legal Analysis of the Validity of Medical Certificates Issued by a Traditional
Healer
1. Introduction
Employee absenteeism remains a significant challenge in employment relationships,
particularly where the legitimacy of medical certificates is disputed. South African labour
law regulates sick leave and acceptable proof of incapacity through statutory provisions,
primarily the Basic Conditions of Employment Act 75 of 1997 (BCEA). This assignment
analyses the legal validity and lawfulness of medical certificates issued by a registered
traditional healer in light of South African legislation and case law. The discussion
focuses on whether the letters issued by Gogo M’lungisi constitute valid medical
certificates for purposes of section 23 of the BCEA and advises both Ms Vitamin and
Half-Suiker Sak (Pty) Ltd (HSS) accordingly.
2. Legal Framework Governing Sick Leave in South Africa
2.1 Section 23 of the Basic Conditions of Employment Act
Section 23(1) of the BCEA provides that an employer is not required to pay an
employee for sick leave unless the employee produces a medical certificate stating that
the employee was unable to work due to sickness or injury. Section 23(2) further
stipulates that such a 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 (BCEA,
1997).
The key legal issue, therefore, is whether a traditional healer qualifies as a person
contemplated under section 23(2) of the BCEA.
2.2 Recognition of Traditional Healers in South African Law
The Traditional Health Practitioners Act 22 of 2007 (THPA) formally recognises
traditional health practitioners and establishes the Traditional Health Practitioners
MRL3702 Assignment 2 Semester 1 2026 (Answer Guide) - DUE April
2026
VERIFIED AND CERTIFIED ANSWERS. WRITTEN IN REQUIRED FORMAT AND WITHIN
GIVEN GUIDELINES. IT IS GOOD TO USE AS A GUIDE AND FOR REFERENCE, NEVER
PLAGARIZE. Thank you and success in your academics.
UNISA, 2026
Contents
Legal Analysis of the Validity of Medical Certificates Issued by a Traditional Healer ...... 2
1. Introduction ....................................................................................................................................... 2
2. Legal Framework Governing Sick Leave in South Africa ..................................................... 2
2.1 Section 23 of the Basic Conditions of Employment Act ................................................. 2
2.2 Recognition of Traditional Healers in South African Law .............................................. 2
3. Validity of the Letters Issued by Gogo M’lungisi .................................................................... 3
3.1 Medical Certificates for Sick Leave Purposes ................................................................... 3
3.2 Distinction Between Sick Leave and Other Forms of Absence .................................... 4
4. Advice to Half-Suiker Sak (Pty) Ltd ............................................................................................ 4
5. Advice to Ms Vitamin ...................................................................................................................... 5
6. Conclusion ........................................................................................................................................ 5
Reference List ....................................................................................................................................... 6
, 2|Page
Legal Analysis of the Validity of Medical Certificates Issued by a Traditional
Healer
1. Introduction
Employee absenteeism remains a significant challenge in employment relationships,
particularly where the legitimacy of medical certificates is disputed. South African labour
law regulates sick leave and acceptable proof of incapacity through statutory provisions,
primarily the Basic Conditions of Employment Act 75 of 1997 (BCEA). This assignment
analyses the legal validity and lawfulness of medical certificates issued by a registered
traditional healer in light of South African legislation and case law. The discussion
focuses on whether the letters issued by Gogo M’lungisi constitute valid medical
certificates for purposes of section 23 of the BCEA and advises both Ms Vitamin and
Half-Suiker Sak (Pty) Ltd (HSS) accordingly.
2. Legal Framework Governing Sick Leave in South Africa
2.1 Section 23 of the Basic Conditions of Employment Act
Section 23(1) of the BCEA provides that an employer is not required to pay an
employee for sick leave unless the employee produces a medical certificate stating that
the employee was unable to work due to sickness or injury. Section 23(2) further
stipulates that such a 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 (BCEA,
1997).
The key legal issue, therefore, is whether a traditional healer qualifies as a person
contemplated under section 23(2) of the BCEA.
2.2 Recognition of Traditional Healers in South African Law
The Traditional Health Practitioners Act 22 of 2007 (THPA) formally recognises
traditional health practitioners and establishes the Traditional Health Practitioners
