Abstract
The use of traditional medicine (muthi) is an integral part of the African culture. In fact, there is greater acceptance of the use of traditional medicine among Africans for health care purposes.Be that as it may, there are cases where traditional medicine is used for ulterior motives, such as witchcraft, causing harm, and casting a negative spell on other people. The aim of this case note is to look at the issue of dismissal arising from the use of traditional medicine and witchcraft in the workplace. This issue was examined in National Sugar Refining and Allied Industries Union on behalf of Mngomezulu and Tongaat Hulett Sugar Ltd (2016) 37 ILJ 2441 (BCA) (hereinafter “National Sugar Refining”). The note concludes with a discussion on whether the use of traditional medicine or witchcraft in the workplace constitutes a dismissable offence?
Highlights
IntroductionBe that as it may, there are cases where traditional medicine is used for ulterior motives, such as witchcraft, causing harm, and casting a negative spell on other people (Tanaka, Kendal, and Laland “From Traditional Medicine to Witchcraft: Why Medical Treatments are not always Efficacious” 2009 4(4) Plos One 1; Ashforth “Muthi, Medicine and Witchcraft: Regulating African Science in Post-apartheid South Africa” 2005 31(2) Social Dynamics 211−235)
The use of traditional medicine is an integral part of the African culture
Be that as it may, there are cases where traditional medicine is used for ulterior motives, such as witchcraft, causing harm, and casting a negative spell on other people (Tanaka, Kendal, and Laland “From Traditional Medicine to Witchcraft: Why Medical Treatments are not always Efficacious” 2009 4(4) Plos One 1; Ashforth “Muthi, Medicine and Witchcraft: Regulating African Science in Post-apartheid South Africa” 2005 31(2) Social Dynamics 211−235). The aim of this case note is to look at the issue of dismissal arising from the use of traditional medicine and witchcraft in the workplace. This issue was examined in National Sugar Refining and Allied Industries Union on behalf of Mngomezulu and Tongaat Hulett Sugar Ltd (2016) 37 ILJ 2441 (BCA)
Summary
Be that as it may, there are cases where traditional medicine is used for ulterior motives, such as witchcraft, causing harm, and casting a negative spell on other people (Tanaka, Kendal, and Laland “From Traditional Medicine to Witchcraft: Why Medical Treatments are not always Efficacious” 2009 4(4) Plos One 1; Ashforth “Muthi, Medicine and Witchcraft: Regulating African Science in Post-apartheid South Africa” 2005 31(2) Social Dynamics 211−235). The note concludes with a discussion on whether the use of traditional medicine or witchcraft in the workplace constitutes a dismissable offence?
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