For many years traditional healers have operated in an effective legal grey, with one area of contention being the legitimacy of medical leave certificates provided by traditional healers, and whether these should be accepted by employers.

But legislation earlier published for comment - the Traditional Health Professional Regulations, 2024 - marked a significant step forward in terms of formalising the practice of traditional healing in South Africa.

Employment law experts at commercial law firm Cliffe Dekker Hofmeyr, in commenting on this, said that the regulations aim to formalise and professionalise traditional healthcare practices in South Africa.

The regulations are set to be implemented under the Traditional Health Practitioners Act 22 of 2007 (THPA) to ensure that traditional health practices are standardised and practised safely across the country.

“Once registered with the Interim Traditional Health Practitioners Council of South Africa, practitioners will be officially recognised as traditional health practitioners. While the THPA has been in existence since 2007, the regulations are the key to bringing the act into full operation. Emphasis will be on establishing clear guidelines for those seeking to practice traditional health,” the legal experts said.

They explained that the issue of medical certificates is one of the most pressing concerns addressed by these new regulations and is 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.”

The experts warned that employers must take note of this when dealing with proof of incapacity in their sick leave policies and sick leave management systems. They also said 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.

To ensure the safety, efficacy and quality of traditional healthcare, 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 practice legally. “Unregistered practitioners face significant limitations and are prohibited from holding appointments in any establishment, institution or body,” the law experts said. 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 that practitioners 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).

It is said that South Africa has an estimated 300,000 trained traditional health practitioners, and research studies show that approximately 70% of the country’s population consult traditional health practitioners for their health needs.