Combat organ trafficking – reward the donor or regulate sales

There is an acute shortage of transplantable human organs worldwide. The current systems of organ procurement cannot supply in the demand. A new approach is imperative. While countries struggle to find ways of motivating more people to become organ donors, the international illegal black market is thriving. A possible solution to the problem in South Africa might be to change current legislation by confirming human organ trafficking a specific crime as is the case in the United Kingdom. However, more available organs for transplantation in the current recognised system are also essential. To achieve this, it is proposed that donors should be rewarded more effectively, or a regulated market in human organs should be allowed

Colour discrimination against persons with albinism in South Africa

This article explores issues relating to discrimination against persons living with albinism, against the background of colour discrimination. It also addresses calls for ‘colourism’ to be recognised as a distinct form of discrimination. Although colour as grounds for discrimination is prohibited in the equality clause of the Constitution, it is conventionally grouped with race and ethnicity when unfair discrimination is interpreted. We argue that discrimination against persons living with albinism should be possible based on colour as a prohibited ground, independent from race or ethnic considerations

Medical information therapy and medical malpractice litigation in South Africa

In South Africa, increases in both the size and amount of medical malpractice claims have resulted in a move towards so-called defensive medicine, and have had devastating emotional effects on healthcare professionals. Among several recommendations for addressing these consequences, the first author’s recent doctoral study critically analysed evidence-based patient choice as a partnership model in clinical decision making. This study indicated that none of the key skills of this approach are completely adequate in honouring the principle of respect for autonomy in clinical decision making. Instead, the study proposed the concept of medical information therapy – an expanded conception of the generic concept of information therapy – as an adequate approach to reconciling the opposing perspectives of patients and healthcare professionals in a therapeutic alliance. Recent case law, as well as relevant provisions of the National Health Act, emphasise patient autonomy, as well as the notion of shared decision making in the context of informed consent. The South African healthcare context is characterised by specific challenges affecting the process of obtaining informed consent. The article submits that the concept of medical information therapy will help address the significant increase in litigation against healthcare practitioners based on a lack of informed consent, in both the public and private healthcare sectors

Law, religion and organ transplants

Currently any organ donation in South Africa, whether from a living or a dead donor, is donated altruistically, which means that it is the free choice of the donor or the family of the deceased to donate organs. There is no financial compensation for the donor. Nearly all religions support altruistic organ donations as it serves or promotes life. But, despite the positive attitude of the followers of different faiths towards organ transplantations, there is a worldwide shortage of transplantable organs,especially kidneys. Many patients die while waiting for a transplant organ from an altruistic donor. The question may therefore be asked whether the different religions should not also support the clamouring for the financial rewarding of an organ donor. In this article the emphasis is on the Christian and Muslim faiths to try and fathom their position in this regard. In conclusion, however,we argue that financial compensation to donors, as a general practice, should be allowed irrespective of religious arguments, as the decision to donate altruistically or to receive compensation is an expression of personal autonomy

Routine referrals: A possible solution for transplantation shortages

Transplantation is the only therapeutic option for terminal organ failure. The principle that donation should be a routine component of endof-life care is recognised in many countries, but only 38% of them have official deceased-donor programmes, and South Africa (SA) does not have one. Scrutinising the policies in countries such as Spain, the UK and the USA (Pennsylvania), where official referral programmes exist, could help to determine which option will be best suited to SA. It is concluded that the best basic step to start with in SA would be if the Department of Health could implement a routine-referral policy document, compelling physicians to refer every death to be evaluated for the possibility of organ retrieval

A global comparative overview of the legal regulation of stem cell research and therapy: Lessons for South Africa

Stem cell research and its potential translation to regenerative medicine, tissue engineering and cell and gene therapy, have led to controversy and debates similar to the calls nearly 25 years ago for a ban involving recombinant DNA. Global legislative efforts in this field have been characterised by many legal, ethical and practical challenges, stemming from conflicting views regarding human embryonic research and cloning. National policy and regulatory developments have primarily been shaped by different understandings of relevant scientific objectives, as well as those relating to the moral and legal status of the human embryo, which have been used to justify or limit a range of permissible activities. Legal obscurity in this field, a consequence of inconsistent or vague legislative responses at a national and international level, leads to negative results, which include, among others, ethical violations; lack of collaboration and co-operation among researchers across national borders; stunted scientific progress; lack of public trust in stem cell research; proliferation of untested ‘stem cell therapies’; and safety issues. The purpose of this article is to explore the legal regulation of stem cell research and therapy globally, by comparing the permissibility of specific stem cell research activities in 35 selected jurisdictions, followed by a comparison of the regulatory approaches with regard to stem cell-based products in the European Union and the USA. A clearer understanding of the global regulatory framework will assist in formulating more effective legal responses at a national level and in navigating the uncertainties and risks associated with this complex and evolving scientific field

Reconstruction development plan - Hlanganani

Reconstruction development plan - Hlanganan

The legal position on the classification of human tissue in South Africa: Can tissues be owned?

The ownership of tissue samples donated for medical research is an ongoing subject of dispute. Some advocates assert that patients have ongoing ownership rights in their tissues, including an unfettered right to determine what happens to their tissue sample. Researchers argue that giving patients property rights in their samples will turn the human body and body parts into a commodity and bring research to a halt. The question of the human body as property involves complex and philosophical dimensions. The law displays an uneasiness in making sense of the human body in the context of ownership and property, as the notion of owning oneself (and one’s tissues) implies that persons are able to objectify their selves, and in the process become susceptible to objectification by others. The creation of commercial products from human tissue has generated very difficult legal and ethical questions that have no clear, universally accepted answers

Drought tolerance, traditional crops and biotechnology: breeding towards sustainable development

Germplasm of traditional vegetable crops were screened for drought tolerance. Different physiological, morphological and biochemical traits of drought tolerance were investigated, including enzymes of the antioxidative pathway (SOD, AP and GR), turgor maintenance (LWP, RWC), membrane stability (CMS, TTC), osmoprotection (proline), productivity (photosynthesis), rooting (root architecture), early drought tolerance and leaf area. Different in vitro screening techniques were carried out. Useful traits of drought tolerance were identified in Amaranthus tricolor, A. hybridus, A. hypochondriacus, Vigna unguiculata and V. subterranea, and are currently being applied in a breeding programme in an attempt to develop tolerant genotypes of neglected vegetable and seed crops that might contribute to secure food production in rural areas in Africa