Phindile Mdluli Attorneys Inc.

24/02/2023

Fridays are for court.

20/01/2023

We are stil available to assist with your legal issues. Call, email or whatsapp us to book a consultation.

01/10/2022

Client was so happy on how we handled her matter, she asked for a pic.

Legal Excellency Is Our Priority!

24/09/2022

Happy Heritage Day.

21/09/2022

Case Law Reads

10/09/2022

26/08/2022

SHOULD EMPLOYERS ACCEPT MEDICAL CERTIFICATES FROM TRADITIONAL HEALERS?

This is what employers need to know when faced with the question of whether or not to accept a medical certificate from a traditional healer:

The Basic Conditions of Employment Act (BCEA) provides that medical certificates may only be issued by medical practitioners who are registered with a professional council established by an Act of Parliament.

In order to get the proper answer to this question we need to look at the Kievits Kroon Country Estate (Pty) Ltd v Mmoledi & Others case. In this case, an employee was dismissed by her employer for having a medical certificate from a traditional healer that stated that she had a “premonition of ancestors”. She was dismissed for having been absent from work. The CCMA and Labour Court held that the dismissal was not justified because she had a justifiable reason for not being at work.

In the Labour Appeal Court it was held that the Constitution recognises traditional beliefs and practices and employers should do so too.

In April 2014, the President signed the Traditional Health Practitioners Act. This Act provides that for a traditional healer to be able to issue a medical certificate, they must:

1. be registered with the Traditional Health Practitioners Council of South Africa; and

2. be certified to diagnose and treat patients.

Once these two requirements are met, medical certificates issued by the traditional healer can therefore be valid and employers must accept them.

Author: Ms Phindile Mdluli
Phindile Mdluli Attorneys Inc.
[email protected]

09/08/2022

Today we pay homage to the women who put their lives on the line to fight against apartheid laws. Wathinta abafazi, wathinta imbokodo.

Here’s to strong women, may know them, may we be them & may we raise them.

Happy women’s day to all you incredible women 💐

01/08/2022

HELLO AUGUST. May the new month be filled with money, progress, kindness, happiness and opportunities 💐💐💐