MRL3702
Assignment 2
Semester 1
Due April 2026
, TRADITIONAL HEALTH PRACTITIONERS AND MEDICAL
CERTIFICATES:
THE VALIDITY AND LAWFULNESS OF CERTIFICATES ISSUED BY
GOGO M'LUNGISI
Question: With reference to applicable legal authority, advise both Ms Vitamin and
HSS on the position of the law in South Africa on the validity and lawfulness of the
letters issued by Gogo M'lungisi.
1. The Legal Framework for Medical Certificates in South Africa
South African labour law, and specifically section 23 of the Basic Conditions of
Employment Act 75 of 1997 (BCEA), governs paid sick leave entitlements for
employees. This provision stipulates that an employee is entitled to paid sick leave if
they produce a medical certificate issued by a registered medical practitioner.
However, the BCEA itself does not exhaustively define the term "medical practitioner".
Instead, it defers to other relevant legislation, notably the Health Professions Act 56 of
1974 and the Traditional Health Practitioners Act 22 of 2007 (THPA).
This deference is significant because it opens the door to practitioners outside the
conventional biomedical model. The question that arises in this scenario is whether
Gogo M'lungisi, as a traditional healer, falls within the category of persons legally
empowered to issue certificates that satisfy the requirements of section 23 of the
BCEA. The answer is not simply yes or no; it depends on a combination of registration
status, the content of the certificates, and the nature of the absence in question.
2. The Status of Traditional Healers and Medical Certificates
Historically, traditional healers did not have formal statutory recognition to issue
medical certificates in South Africa. This position changed significantly with the full
implementation of the Traditional Health Practitioners Act (THPA) in 2019, following
the establishment of the Traditional Health Practitioners Council (THPC).
Assignment 2
Semester 1
Due April 2026
, TRADITIONAL HEALTH PRACTITIONERS AND MEDICAL
CERTIFICATES:
THE VALIDITY AND LAWFULNESS OF CERTIFICATES ISSUED BY
GOGO M'LUNGISI
Question: With reference to applicable legal authority, advise both Ms Vitamin and
HSS on the position of the law in South Africa on the validity and lawfulness of the
letters issued by Gogo M'lungisi.
1. The Legal Framework for Medical Certificates in South Africa
South African labour law, and specifically section 23 of the Basic Conditions of
Employment Act 75 of 1997 (BCEA), governs paid sick leave entitlements for
employees. This provision stipulates that an employee is entitled to paid sick leave if
they produce a medical certificate issued by a registered medical practitioner.
However, the BCEA itself does not exhaustively define the term "medical practitioner".
Instead, it defers to other relevant legislation, notably the Health Professions Act 56 of
1974 and the Traditional Health Practitioners Act 22 of 2007 (THPA).
This deference is significant because it opens the door to practitioners outside the
conventional biomedical model. The question that arises in this scenario is whether
Gogo M'lungisi, as a traditional healer, falls within the category of persons legally
empowered to issue certificates that satisfy the requirements of section 23 of the
BCEA. The answer is not simply yes or no; it depends on a combination of registration
status, the content of the certificates, and the nature of the absence in question.
2. The Status of Traditional Healers and Medical Certificates
Historically, traditional healers did not have formal statutory recognition to issue
medical certificates in South Africa. This position changed significantly with the full
implementation of the Traditional Health Practitioners Act (THPA) in 2019, following
the establishment of the Traditional Health Practitioners Council (THPC).
