Posted: 5 June, 2025 Filed under: Kodisang Bokaba, Konanani Happy Raligilia, Rorisang Thage, Tendani Musekwa | Tags: African customary law, African People, ancestors, and traditional learning journey, City of Tshwane, Dlozi, Indigenous practices, initiation process, labour laws, medications and herbs, paid academic leave, progressive development, Sedimo, South Africa, special leave, spiritual calling, traditional healers, ukuthwasa, Vhadzimu
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Konanani Raligilia |
Kodisang Bokaba |
Rorisang Thage |
Tendani Musekwa |
The City of Tshwane has recently approved a policy that provides special leave for employees who need to undergo ukuthwasa. Ideally, ukuthwasa is a process that involves the spiritual calling of people who were chosen by the ancestors to undergo the initiation process, which results in becoming traditional healers. This is a significant approval in South Africa, especially from a government institution. The announcement is a positive and progressive development from an employment law perspective. It also aligns with the Constitution’s values, recognising African customary law and indigenous practices. It addresses the issues related to the Indigenous practices of African people, particularly concerning the ongoing victimisation of those undergoing spiritual training. In contrast, individuals who pursue Western academic training continue to enjoy a recognised status in the workplace. We must shift our perspective to recognise that while the matter at hand is spiritual, the ukuthwasa journey is centred on learning. Therefore, it is important first to define and clearly understand what a spiritual calling is.
Ideally, a spiritual calling consists of a spiritual and traditional learning journey that begins with specific symptoms and a diagnosis. This diagnosis is performed by an experienced, trained, traditional healer who can identify and confirm that an individual is experiencing a spiritual calling. Once this diagnosis is established, the next stage involves learning lessons and understanding the spiritual processes that must be followed. Different people undergo it depending on Sedimo, Badimo, Vhadzimu, Amadlozi etc. The words Sedimo, Badimo, Vhadzimu, and Amadlozi can be directly translated to mean “gods” or “deity”. Sometimes, individuals on an African spiritual journey are called to become traditional healers, known as “Naka or Maine”. All traditional healers must complete a process that involves spiritual training. The journey involves learning, healing, and recognising and interpreting dreams. It’s important to understand how to identify the medications and herbs that appear in these dreams, as well as how to locate them physically. The learning process is lengthy and dependent on Sedimo, Vhadzimu, or Dlozi.
When the employer acknowledges this type of ukuthwasa leave, as shown in the case of the City of Tshwane, it supports a similar process used by many employers who offer study leave, research leave, or some form of paid academic leave. This recognition of the ukuthwasa special leave policy is important for employee development. Ultimately, ukuthwasa is gaining recognition to the point where the City of Tshwane employees will be compensated similarly to those on undergraduate study or research leave to pursue postgraduate qualifications. In other workplace environments, employers allow employees to take a year off to study and guarantee their salary during that time. Even a local government institution in the form of the City of Tshwane, as municipalities are one of the three spheres of government, is starting to recognise issues of African spirituality, traditional healers, and African law. Playing a role in modern society is not done in isolation; it acknowledges the existence of legal frameworks beyond Western jurisprudence and common law. African people utilise their legal traditions daily, which recognise their spirituality in a manner similar to how common law acknowledges Christian holidays and Islamic law recognises Ramadan and other spiritual observances.
The recognition by the City of Tshwane municipality of employees’ rights to participate in spiritual journeys is commendable and very important. This development reflects a gradual acknowledgement of African spirituality from an employment law perspective. Notably, traditional healers can now issue medical notes or certificates for individuals who are unwell. The issue of medical certification has been a contentious topic since the enactment of the Basic Conditions of Employment Act 75 of 1997 (BCEA), particularly regarding what constitutes a medical certificate. Courts and lawyers initially interpreted the law to mean that only Western medical doctors who practice Western medicine are recognised. The legal interpretation of the BCEA now recognises traditional healers, allowing them to issue certificates like medical doctors. The landmark case which decided on the issue of sicknotes from traditional healers is Kieviets Kroon Country Estate (Pty) Ltd v Mmoledi & others [LAC] JA78/10). The Labour Appeals Court held in paragraph 32 that;
“there is one aspect of the commissioner’s reasoning that was incorrect: he impermissibly attempted to explain the meaning of traditional healing by embarking on a biblical discourse and equating the concept with a biblical parable. Secular authorities, including courts and tribunals, should avoid attempting to resolve civil disputes by applying reasoning that involves interpreting and weighing religious doctrine. This criticism notwithstanding the commissioner’s conclusion that the respondent was justified in disobeying the employer’s instruction is supported by the evidence. The LAC was therefore correct to dismiss the appeal.”
Ideally, the LAC said the Constitution recognises traditional beliefs and practices, so employers should also accept these beliefs. This also indicates that other people are beginning to shy away from Western doctrines imposed on them by the post-colonial systems. Indigenous knowledge is on the rise. African spirituality is gaining recognition. Society is noticing an increase in individuals who have abandoned their Western names in favour of their African names.
The atmosphere around us is constantly changing, and it is equally important to acknowledge the reality of our situation as African people. African spirituality practices are becoming integrated into the labour laws and are reflected in our daily lives. Since employees spend eight hours each day at work, it is unusual for the workplace not to acknowledge African spiritual needs, especially since they may not align with Western European or Roman-Dutch law jurisprudence. The creation of ukuthwasa leave in the City of Tshwane municipality marks a shift by the new generation of African leaders away from Western jurisprudence. The Roman-Dutch Law is largely founded on Western values and principles that define what constitutes law and morality.
In light of the above, we believe that moving away from Western traditions creates new opportunities for exploring African spirituality. The case of Gauteng High Court Judge Nomonde Mngqibisa-Thusi illustrates how judges, lawyers, and workplaces are beginning to change. Suddenly, we have a judge who openly acknowledged her spiritual challenges. Judge Nomonde Mngqibisa-Thusi endured several challenges of African spirituality associated with ukuthwasa. However, her decision to speak out has created an environment that encourages others to confront the idea that ukuthwasa leave of absence for personal African spiritual needs should be recognised as valid. This acknowledgement is incredibly important, and we believe we are gradually making progress in this regard.
About the Authors
- Konanani Raligilia, Senior Lecturer in the Department of Jurisprudence at Unisa.
- Kodisang Bokaba, Lecturer in the Department of Jurisprudence at Unisa.
- Rorisang Thage, Lecturer in the Department of Mining Engineering at Unisa. She is also a practising traditional healer and the 2023 M&G 200 Young Influential South Africans winner.
- Tendani Musekwa, Junior Lecturer in the Department of PCIL at Unisa.
All the authors write in their own personal capacity.
