‘Sick notes’ could undermine Madlanga Commission, warns analyst
Political analyst Goodenough Mashigo believes South Africa’s labour laws need to be reviewed to address what he describes as the growing misuse of medical certificates to avoid accountability in workplaces and public inquiries.
Mashigo’s comments come amid growing concerns about witnesses and officials submitting sick notes to delay their appearances before the Madlanga Commission.
Several individuals, including Investigating Directorate Against Corruption head Andrea Johnson and businessman Suliman Carrim, have cited medical reasons for not appearing before the commission.
Mashigo argues that the issue is rooted in labour legislation introduced after 1994, including the Labour Relations Act and the Basic Conditions of Employment Act, which he believes require reconsideration.
He said the issue reflects a wider problem, as the current system allows some individuals to remain suspended for extended periods while continuing to receive benefits, only to resign before disciplinary proceedings are concluded.
"It is a trend that we are seeing with municipal managers or departmental heads, whereby someone will be suspended, and then they'll be suspended for three years. Every time they have to appear before a disciplinary hearing, they bring a note. Every time they bring a note."
He also supported the Madlanga Commission’s decision to summon doctors who issue medical certificates, saying medical practitioners should be held accountable if their certificates are found to be questionable.
"The position of Madlanga that they are going to summon the doctors, it should be for everyone else, not only the commission, but it should be for court cases, it should be for people at work."
Mashigo warned that repeated delays could undermine public confidence in commissions of inquiry, which he says have historically struggled with credibility.
He said this issue is also playing out in the workplace, with officials who are not actively working but continue to receive salaries.
He believes that the Madlanga Commission has restored public faith in the role of commissions, but that confidence could be damaged if individuals are allowed to avoid accountability through repeated postponements.
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