Table of Contents

Discussions on the Dimensions of conflict and the Dimension best related to the article ........ 3
The Legitimacy of conflict ............................................................................................................... 3
There are three challenges to making the building of legitimacy a central plank of
statebuilding policy. ...................................................................................................................... 3
What is the difference between dispute and conflict? ................................................................ 4
So what is the difference, or at least how is it measured in terms that we can see on a
daily basis? .................................................................................................................................... 5
Functional and Dysfunctional conflict ............................................................................................ 6
Functional Conflict:....................................................................................................................... 6
Dysfunctional Conflict: ................................................................................................................. 6
The Dimensions best related to the Article “Medical Certificates from Traditional Healers” 7
Based on thorough research and investigation it is discovered that there are two
dimensions best related to the article namely the Legitimacy and Dispute Dimensions. ..... 7
The Legitimacy of Conflict............................................................................................................... 7
According to the article: ................................................................................................................... 7
 The Basic Conditions of Employment Act states a medical certificate must be issued
and signed by a medical Practitioner who is registered with a professional council
established by an Act of Parliament. ............................................................................................. 7
 In KwaZulu-Natal it is allowed by selected traditional health Practitioners for the
licensing of traditional healers. This is in the terms of the KwaZulu Act on the code of Zulu
Law 16 of 1985. ................................................................................................................................ 7
 Hence legitimate conflict is permitted by universalistic norms of an inclusive social
system, the article states that the employee stayed out of work for cultural, traditional
belief, or ancestral consultation. The employee said that she was in consultation with a
Traditional Healer who was training her to be a qualified Sangoma which was a calling
from her ancestors. .......................................................................................................................... 7
 Based on the above discussed employers can no longer refuse to accept a traditional
healer’s certificate when it comes to the granting of sick leave, or even to justify absence
from work. .......................................................................................................................................... 7
 On the 30th April 2014 the president signed the Traditional Health Practitioners Act.
This means that registered traditional healers are now recognised as legal traditional
health practitioners. (The Traditional Health Practitioners Act 22 of 2007). ........................... 7
Dimension of Dispute....................................................................................................................... 8
INTRODUCTION
*

Discussions on the Dimensions of conflict and the Dimension

best related to the article

The Legitimacy of conflict

Building legitimacy is widely considered to be a central aspect of statebuilding efforts

in fragile and conflict-affected states. It features prominently in the statebuilding
policies of donors. In the literature, building legitimacy is seen as central to reducing
violent conflict, by reducing grievances and the willingness of individuals and groups
to violently challenge public authorities. It is considered to strengthen state capacity
and facilitate the provision of public services by increasing compliance with state
demands for resources from its citizens through taxation. With regard to external
statebuilding efforts, legitimacy is thought to ensure the sustainability of state
institutions once the material support of external statebuilders be they donors or
peacekeepers declines (Gilley, 2009).

The literature roots the legitimacy of a state in two broad sources in particular: first, its
performance how effectively it promotes shared norms and provides public goods, and
second, its procedures for the allocation of public authority and of public services like
justice, security, or access to health and education. With regard to the latter, there is
a growing recognition of the importance of procedural fairness. Statebuilding efforts
have sought to strengthen legitimacy through both paths, through strengthening state
capacity and the provision of services, and through the promotion of open and
inclusive political settlements (Blair, 2013).

There are three challenges to making the building of legitimacy a central

plank of statebuilding policy.

First, legitimacy is an inherently social concept: it needs to be claimed (e.g. by the

state), and it needs to be recognised (e.g. by different social groups). So a state’s
legitimacy is not a question of degree, but is inherently contested, as the social norms
and shared interests against which different social groups judge these legitimacy
claims are likely to differ. In deeply divided societies, a characteristic of most fragile
states, these norms and interests might be mutually exclusive, and what strengthens
state legitimacy in the eyes of some detracts from it in the judgement of others.
(Brinkerhoff,Wetterberg, & Dunn, 2012 : 273-293).

Second, legitimacy is often considered in the context of a direct relationship (a social

contract) between the state and citizens, or between the state and different social
groups. In reality, however, this relationship is frequently mediated through a range of
other actors. As a result, state actions such as improvements in service provision do
not necessarily translate into higher legitimacy, individuals or groups who benefit from
these actions might not attribute them to the state, or might have had no expectation
in the first place that the state would provide them. This has important implications for
how statebuilders seek to support the strengthening of state legitimacy (Lake, 2008).

Third, there are questions about whether legitimacy is a cause or a consequence of a

stable social order. Most of the literature and donor policy treats legitimacy as a cause
of stability. Yet scholars like David Lake have suggested that state legitimacy is built
on the back of security and stability, when such an order provides sufficient benefits
to those subject to it that they have a vested interest in sustaining it. The legitimacy
that both rulers and ruled attach to a social order is a consequence of the stability it
provides and the instrumental value attached to stability, rather than a condition for
stability (Lake, 2008).

Gauguin said that, “A compromise is the art of dividing a cake in such a way that
everyone believes that he has got the biggest piece.” But what if someone wants the
whole cake?

What is the difference between dispute and conflict?

The human condition has shown that men and women are filled with intrapersonal and
interpersonal conflict in their daily lives (Morris et al., 2004). In order to examine why
conflict and disputes exist, it is necessary to define the difference between the often-
interchangeable terms. According to John Burton (1990), a dispute is a short-term
disagreement that can result in the disputants reaching some sort of resolution; it
involves issues that are negotiable. Conflict, in contrast, is long-term with deeply
rooted issues that are non-negotiable (1990).

Based on “Caser’s” knowledge workplace conflict can be defined as “As a struggle

over values and claims to scarce status, power and resources in which the aims of the
opponents are to neutralize injure or eliminate their rivals” (Caser:1995), but it also
includes any type of conflict which takes in the workplace and type of conflict which
involves employees, employers, managers and so much more. Further explanatory it
states that conflict is an avoidable part of negotiations, no matter the intentions in fact,
a certain amount of conflict is both necessary and desirable, since it is conducive to
favourable outcomes. It is only where conflict becomes hostile that it has a negative
impact on the proceedings. (Venter & Levy, 2015:454). Robbins states that
“Workplace Conflict is a process that begins when one party perceives that another
party have negativity affected or is about to negatively affect something the other party
cares about”. (Robbins & Judge, 2016:457) With that in a nutshell Conflict mainly
exist between people and it can affect you in a positive or negative way depending on
how you look at it and deal with it.

So what is the difference, or at least how is it measured in terms that we

can see on a daily basis?

The idea of non-negotiable originally stems from Maslow’s (1943) hierarchy of needs
without which one cannot live and sustain life. The sustainability of life is something
that can be measured in degrees, from food and water, to community and
belongingness (1943). Something that is non-negotiable is set within the mind and the
process of changing such thoughts is difficult, if not impossible. The distinction is that
reason and communication do not always address the issues present within a conflict,
but will generally work towards alleviating many disputes. The principal idea is that if
left unchecked and unexplained, a dispute can easily turn into a conflict. Conflicts
rarely revert to disputes without intervention (Burton. 1990).
Functional and Dysfunctional conflict

Functional Conflict:
Deutsch:1973 concludes saying that the process of conflict escalation in disruptive
conflict, results in mutual attacks and efforts to destroy each other, misjudgements
and misperceptions.
This is a form of conflict that supports the goals of a group and seeks to improve the
group’s performance (Robbins & Judge, 2016:457).

Dysfunctional Conflict:
This is a destructive form of conflict. It is conflict that hinders group performance.
Functional and Dysfunctional conflict may differ by looking at the types of conflict. The
type of conflict that we encounter on a daily basis are task conflict, relationship conflict
and process conflict. (Robbins & Judge, 2016:457)
1. Task Conflict:
Task Conflict demonstrates a positive influence on group performance because it
stimulates discussion on ideas.

2. Relationship Conflict:
This conflict is always dysfunctional due to personality clashes that decrease
mutual understanding, which in turn hinders the completion of organisational tasks.

3. Process Conflict:
This conflict emanates over how work gets done. It must be kept low.
The Dimensions best related to the Article “Medical Certificates
from Traditional Healers”

Based on thorough research and investigation it is discovered that there are two
dimensions best related to the article namely the Legitimacy and Dispute Dimensions.

The Legitimacy of Conflict

According to the article:

 The Basic Conditions of Employment Act states a medical certificate must be

issued and signed by a medical Practitioner who is registered with a professional
council established by an Act of Parliament.
 In KwaZulu-Natal it is allowed by selected traditional health Practitioners for the
licensing of traditional healers. This is in the terms of the KwaZulu Act on the code
of Zulu Law 16 of 1985.
 Hence legitimate conflict is permitted by universalistic norms of an inclusive social
system, the article states that the employee stayed out of work for cultural,
traditional belief, or ancestral consultation. The employee said that she was in
consultation with a Traditional Healer who was training her to be a qualified
Sangoma which was a calling from her ancestors.
 Based on the above discussed employers can no longer refuse to accept a
traditional healer’s certificate when it comes to the granting of sick leave, or even
to justify absence from work.
 On the 30th April 2014 the president signed the Traditional Health Practitioners Act.
This means that registered traditional healers are now recognised as legal
traditional health practitioners. (The Traditional Health Practitioners Act 22 of
2007).
Dimension of Dispute

According to the article:

The case of Kiviets Kroon Country Estate (Pty) Ltd v Mmoledi & others [LAC] JA78/10

The facts of the case states that Kiviets Kroon dismissed an employee for staying
absent from work because she had a medical certificate from a traditional healer. It
said that she had premonitions of ancestors. The CCMA and the Labour Court said
the dismissal was not justified. They said she had a justifiable reason for not being at
work. Kiviets Kroon took the case on appeal to the Labour Appeal Court. The Labour
Appeal Court said the Constitution recognises traditional beliefs and practices, so
employers should also accept these beliefs too.
References

Gilley, B. (2009). The consequences of legitimacy. In The right to rule: How states win and
lose legitimacy (Ch. 5). New York: Columbia University Press.

Blair, R. (2013). Peacebuilding and state legitimacy: Evidence from two lab-in-the-field
experiments in Liberia.

Brinkerhoff, D., Wetterberg, A., & Dunn, S. (2012). Service delivery and legitimacy in
fragile and conflict-affected states: Evidence from water services in Iraq. Public
Management Review, 14(2), 273-293.

Lake, D. (2008). Building legitimate states after civil wars. In Strengthening peace in post-
civil war states: Transforming spoilers into stakeholders. Chicago: University of Chicago
Press.

Timothy Keator. www.keatormediationservices.com/ [August 2011]

Venter, R. & Levy, A. 2015. Labour Relations in South Africa

Robbins, S. & Judge, T. 2016. Organizational Behaviour. England
http://blink.ucsd.edu/HR/supervising/conflict/handle