Legal experts have pointed out that under proposed regulations, published for public comment last year, only registered traditional healers will be able to issue sick notes – the legitimacy of this practice having been a grey area for years.
The legislation under the Traditional Health Professional Regulations, 2024 marked a significant step in formalising the practice in South Africa, said employment law experts at commercial law firm Cliffe Dekker Hofmeyr.
The regulations, to be implemented under the Traditional Health Practitioners Act 22 of 2007 (THPA) and aimed at ensuring traditional health practices are standardised and practised safely, were key to bringing the Act into full operation, the firm said.
The experts told IOL the issue of medical certificates was one of the most pressing concerns addressed by the new regulations and one that employers must take cognisance of.
“Only registered traditional healers who are properly registered with the Council can issue legally valid medical certificates. Otherwise, employers may reject non-compliant certificates. In line with section 23(2) of the Basic Conditions of Employment Act, medical certificates issued by traditional healers who have not met the registration requirements of the THPA will not be legally recognised,” they warned.
They said employers must bear this in mind when dealing with proof of incapacity in their sick leave policies and sick leave management systems. They added that for a traditional healer’s medical certificate to be considered legitimate, they must be registered with the Council and comply with the requirements outlined in the THPA.
The regulations specify that anyone wishing to practice as a traditional health practitioner must meet the minimum age requirement of 18 years and possess a certain level of general education.
The regulations also outline the necessary training required for each category of traditional health practice. Once all requirements are met, the Council’s Registrar will add the practitioner’s name to the official register and issue a certificate of practice.
According to the law experts, only then will the individual be authorised to practise legally.
“Unregistered practitioners face significant limitations and are prohibited from holding appointments in any establishment, institution or body,” they noted. This is underscoring the importance of registration and regulation in maintaining the quality and safety of traditional health services.
Traditional health practitioners must undergo training in various categories of traditional health practices, to ensure they possess the necessary knowledge and experience to provide safe and effective care.
The categories include herbalism, traditional birth attendant practices and traditional surgical practices (including circumcision).
South Africa has an estimated 300 000 trained traditional health practitioners, and research studies show that at least 70% of the population consults them.
See more from MedicalBrief archives:
Traditional healers want to be able to issue sick notes
NHI hearings: Traditional healers feel marginalised, communities believe it will create jobs