Court Ruling Forces Employers to Accept Sangoma Sick Notes as Legal Sick Leave

South African employees are now legally permitted to submit sick notes issued by registered sangomas when applying for leave, following a landmark court ruling handed down in Pretoria.

The decision affirms that cultural and spiritual health are protected under national labour laws, placing traditional healers on equal footing with conventional medical professionals.

This legal recognition stems from the Traditional Health Practitioners Act, which authorises sangomas registered with the Traditional Health Practitioners Council (THPC) to issue official medical certificates.

These documents are now considered valid for sick leave and must be accepted by employers across the country.

The precedent was set in the case of Kiviets Kroon Country Estate v Mmoledi, where the court ruled that spiritual and cultural well-being are inseparable from physical health.

Legal expert Melusi Xulu of Donda Attorneys recently explained the implications during a radio interview.

“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,” he said.

Many employers, however, remain unaware of this legal obligation and continue to reject sangoma-issued notes.

Xulu clarified that these are not informal slips but formal medical documents.

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

This legal protection marks a significant shift in South Africa’s approach to workplace wellness.

It empowers employees to seek care from practitioners they trust without fear of prejudice or penalty.

The ruling also prevents employers from dismissing traditional healing as superstition, reinforcing the equal standing of sangomas within the country’s healthcare framework.

The implications are far-reaching.

Companies are now expected to align their sick leave policies with the law, ensuring that cultural and spiritual health are respected as part of holistic employee care.

For many workers, this means no longer having to choose between their job security and their cultural identity.

iHarare