SICK NOTE FROM INYANGA TESTED IN COURT

MBABANE – It is a test case. The High Court will have to determine whether an employer should accept a sick note or medical report from traditional healers.

A test case is one that sets a precedent for other cases involving the same question of law.
This comes after the Traditional Health Organisation  compiled and forwarded a  medical report to His Majesty’s Correctional Services, confirming that a  female officer was absent from work because she had been receiving medical attention from the organisation. The medical report has also been forwarded to the court as evidence.

The officer, Ncobile Precious Maziya, was absent from work for a period of six months while undergoing treatment at an indumba (consultation room).

Maziya, who holds the rank of Correctional Instructor, has since instituted legal proceedings against the commissioner general of His Majesty’s Correctional Services after he stopped her salary on the basis of absenteeism. This was despite Maziya allegedly having forwarded the medical report from the Traditional Health Organisation confirming that she was indisposed.

She is also seeking an order declaring that the stoppage of her salary was unconstitutional, unlawful and irregular. She further wants the court to direct the commissioner general of His Majesty’s Correctional Services to uplift the stoppage of her salary, calculated from June 2017 to the date of payment.

Treatment

In her application, Maziya alleged that she started treatment at the Traditional Health Organisationfrom July 1, 2017 until December 2017. She informed the court that in December 2017 she was certified to have recovered and ready to resume her duties.

Annexed to her court application is the medical report, compiled by Dr Busisiwe Makhabane from the Traditional Healers Organisation.
“Dr Makhabane diagnosed me and observed that I was not only in severe and acute pain but was also seriously ill. According to the doctor, the sickness loosened my joints in both legs such that I would instantly fall down and be unable to walk,” submitted Maziya. She alleged that Dr Makhabane also found that the muscles in her legs would contract, causing both her legs to bend at her knees.

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