The struggle to throw off the yoke of colonialist prejudice against African traditional healing methods scored a victory in the Supreme Court of Appeal (SCA) when Johanna Mmoledi (46), a sangoma, won a case instituted against her by former employer Kievits Kroon, a country estate outside Pretoria. Mmoledi was fired for taking a month’s unpaid leave in order to finish her thwasa process – an African spiritual/psychological healing process followed by initiation as a sangoma after the healing has been affirmed. Kievits Kroon refused orders over a period of six years from the Commission for Conciliation, Mediation and Arbitration (CCMA), the Labour and Labour Appeal Court to reinstate Mmoledi. Last week the SCA ruled in her favour, awarding costs, plus costs for two advocates. This fascinating, and much discussed case, regarded as a watershed case for South African law reform related to Ubuntu has recently been incorporated as a prescribed case in law studies. Does Mmoledi’s victory mean that anyone with any ailment can obtain leave with a sick note from a sangoma – as feared by Kievits Kroon? It is unlikely, because although judgment omitted explicit terminology relating to African traditional healing (ATH) methods, Mmoledi’s ailment does fit in with the pre-existing African knowledge system of ukubizwa (the ancestral call, manifesting as a set of objectively known psychological and physical ailments) and thwasa – the process of psychological and physical healing in the form of training that leads to sangoma initiation. In other words, Mmoledi did not have a common cold. Her condition was totally culture-specific. Therefore, this judgment does not necessarily have bearing on common illnesses – at least not yet. The judgment declared the use of traditional healing “as beyond dispute” by quoting the World Health Organisation, which upholds “diverse health practices, approaches, knowledge, spiritual therapies and techniques to maintain well-being, treat, diagnose or prevent illness”. The oral tradition in African practices was also upheld, defined as “practices relying exclusively on practical experience and observation handed down from generation to generation, whether verbally or in writing”.
Posted on: Tue, 28 Jan 2014 12:14:25 +0000
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