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Did You Know That You Can Use A Sangoma’s Sick Note When Applying For Leave

South Africa’s labour laws have firmly established that  a registered sangoma’s sick note is every bit as valid as one from a mainstream doctor. This legal recognition ensures that employees who seek care from traditional healers are protected from unfair disciplinary action when they need time off to recover. The legitimacy of these practitioners is enshrined in law, granting them the same status as other health professionals.

This means that any traditional healer registered with the Traditional Health Practitioners Council (THPC) is authorised to issue official sick notes. Employers across the nation are legally required to accept these documents for sick leave purposes, a fact that continues to surprise many in the corporate world. A legal battle solidified the foundation for this, Kiviets Kroon Country Estate v Mmoledi, which set a powerful precedent for workers’ rights regarding cultural practices.

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What the law says regarding a Sangoma’s Sick Note

The legal landscape was forever changed by the landmark ruling, which affirmed that an employee’s spiritual and cultural well-being is inextricably linked to their overall health. The court found that taking time off for reasons certified by a sangoma constitutes a legitimate absence. Melusi Xulu of Donda Attorneys recently elaborated on this during a radio segment, providing crucial clarity for both employees and employers.

He stated, “The ruling affirmed that taking time off work for cultural and spiritual health reasons, as certified by a sangoma, constitutes a legitimate reason for absence and cannot be grounds for disciplinary action.” This powerful statement underscores the legal obligation of companies to respect the diagnoses and recommendations of traditional healers, acknowledging their role in the holistic health of many South Africans.

A Landmark Case for Cultural Rights

This legal protection is a significant step towards acknowledging the diverse healthcare beliefs within South Africa. It prevents employers from dismissing a sangoma’s certificate as mere superstition and forces a recognition of its official standing. The certificate is not an informal note but an official medical document that commands the same respect as any other from a recognised medical body.

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The implications are profound, ensuring that employees do not have to choose between their job security and their cultural or spiritual health practices. As Xulu clarified, the law is clear:

“Employers are therefore legally obliged to accept these certificates, recognising that a traditional healer’s diagnosis is an official medical certificate.”

This right empowers workers to seek the care they trust without fear of reprisal, solidifying the place of traditional healing in the contemporary workplace.

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Crédito: Link de origem

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