UKZN Graduate Urges Labour Law Reform to Accommodate Traditional Healing

Mr Phiwe Mbana, Master of Laws in Labour Studies graduate.
Mr Phiwe Mbana, Master of Laws in Labour Studies graduate.

At 53 years young, Mr Phiwe Mbana stands as a testament to resilience, purpose and the enduring pursuit of knowledge!

Born and raised in Tabankulu in the Eastern Cape, Mbana now serves as a Wellness Manager at Transnet National Ports Authority – a role that reflects both his professional commitment and his passion for people.

This year, he graduated with a Master of Laws in Labour Studies at the University of KwaZulu-Natal (UKZN), a milestone rooted in a long-held aspiration. Law, he explains, was always his first love. Earlier in life, he had to divert to social work due to the overwhelming demand in the Law programmes. When the opportunity to pursue an LLM arose, he embraced it wholeheartedly, returning to a path that had long beckoned.

His dissertation, titled: ‘African Traditional Medicine: What Course should Employers take?’, explored a complex and often overlooked intersection between cultural practices and workplace policy. Inspired by South Africa’s diverse society and the constitutional recognition of various health, religious and cultural rights, his research addresses a critical gap. While legislation allows individuals to consult medical practitioners of their choice – including Traditional Medical Practitioners – there remains a lack of clarity and preparedness in workplaces when it comes to managing related processes such as long-term sick certificates (from Traditional Medical Practitioners).

Mbana’s findings highlight that although the law permits the use of valid sick certificates issued by Traditional Medical Practitioners, employers are often not adequately equipped to manage them. In contrast to the clear frameworks available for medical doctors and psychologists, there is limited guidance in the area of traditional healing practices. As a result, employees and employers alike may struggle to navigate these situations effectively.

To address this, his research offers practical recommendations, such as amending labour and social legislation to better incorporate Traditional Medical Healing, developing workplace policies that recognise and manage traditional medicine, and creating awareness and education programmes for both managers and employees. He also emphasises the importance of collaboration among workplace stakeholders to ensure that traditional medicine is integrated on an equal footing with Western medical practices.

For Mbana, graduating is about more than personal achievement. It represents a meaningful contribution to one of the oldest fields of medicine – one that, in his view, has not yet received the full respect it deserves. His work seeks to shift the conversation toward practical, relevant issues, moving beyond debates about legitimacy to focus on real-world application and inclusion.

His journey to this moment has not been without significant challenges. He navigated personal hardships, including a divorce, the illness of his supervisor, and the loss of his mother. Taking time to pause, seeking support and focus on his wellbeing – including through road running – helped him regain balance and continue forward.

Entering the field of Law without a formal background also presented difficulties, particularly in writing and legal reasoning, but with guidance from his supervisor, Dr Lindiwe Maqutu, he was able to grow and succeed.

He credits much of his success to the support he received along the way. He thanked his supervisor for her unwavering guidance as well as his children, Mangaza and Vuyisa, whose dedication to their own studies inspired him daily. He also acknowledged his late mother, family, close friends, colleagues and the broader University community, including staff members who played meaningful roles in his journey. His employer’s support, both financially and professionally, was equally instrumental.

He also extended his appreciation to the University community for continuing to advance the field of African Traditional Healing, recognising individuals such as Professor Nceba Gqaleni for keeping the conversation alive and evolving.

Words: Raylene Captain-Hasthibeer

Photograph: Sethu Dlamini