ASSIGNMENT 2 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 2026
, Labour Law - MRL3702
MRL3702 – Assignment 02 (Semester 1, 2026)
Advice on the validity and lawfulness of medical certificates issued by a
traditional healer
1. Introduction
The issue is whether the handwritten and signed letters issued by Gogo M’lungisi, a
registered traditional healer, constitute valid medical certificates for purposes of section
23 of the Basic Conditions of Employment Act 75 of 1997 (BCEA). The answer
requires consideration of statutory provisions and relevant case law dealing with
traditional healers and sick leave.
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 exceeding two consecutive days or occurring more than twice
in an eight-week period unless the employee produces a medical certificate.
Section 23(2) provides 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 requirements are:
The person must be certified to diagnose and treat patients; and
The person must be registered with a professional council established by statute.