Traditional Health Practitioner Act, Act No. 22 of 2007.
Section 51, Transitional provisions.
“No person is subject to legal or disciplinary action or to any penalty contemplated in this Act for engaging in traditional health practice (Diviner, Herbalist, Traditional Surgeon and Traditional Birth Attendant), during the period of one year (From 2007 to date – my emphasis) following the date of commencement of this Act without being registered to do so”.
Under this provision, Traditional Health Practitioners (THPs) are permitted to diagnose and treat patients pending registration with a professional council (the Interim Traditional Health Practitioners Council of SA) established by an Act of Parliament (Traditional Health Practitioners Act, No 22 of 2007)”.
Basic Conditions of Employment Act, Act No. 75 of 1997.
Proof of incapacity.
“Section. 23. (1) An employer is not required to pay an employee in terms of Section 22 if the employee has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee’s absence on account of sickness or injury. (2) 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”.
Further information for consideration.
Kievits Kroon Country Estate v Mmoledi (875/12) [2013] ZASCA 189 (29 November 2013)
It is also significant that Mr Walter (Manager/Supervisor- my emphasis) testified that the respondent would not have been dismissed if she had produced a certificate from a medical practitioner, instead of the traditional healer, as proof of her illness. The certificate from the traditional healer was considered ‘meaningless’ and was therefore rejected as proof of illness.
The Court concluded that had Mr, Walters understood the Certificate from a Traditional Healer to be equivalent to a medical certificate, or tried to understand its import by asking the respondent to explain its meaning, instead of summarily rejecting it, he may well have accommodated her (Patient) request.
Disclamer: The information presented herein above should be solely used as a guide, it does NOT serve as legal advice but to assist employers to make an informed determination on the acceptability and validity or otherwise of sick notes issued by the members of THPASA.
Oupa Mopaki
THPASA-Chairman078 803 3383/083 643 3052; admin@thpasa.org.za