Health Law

In this podcast, Professor Thaldar interviews Mr Paul Esselaar, Ms Devarasi Bellengère, and Mr Banele Mhlongo on the topic of the NHREC’s draft revised MTA. Summary The South African National Health Research Ethics Council (NHREC) has issued a revised draft of the 2018 material transfer agreement (MTA), prompting discussions on its mandate, treatment of data and biological material, and avoidance...

In this podcast episode, Ms Nomfundo Mthembu and Ms Amy Gooden discuss the ethical considerations in establishing an open access genomics database in South Africa. Summary Although genomics research has the potential to improve healthcare, only a small percentage of genomic data used internationally relates to persons of African origin. Although the establishment of a large scale, open access geno...

In a podcast, Professor Mnyongani interviews Dr. Swales and Dr. Donnelly, who developed a Data Transfer Agreement (DTA) template for the South African research community. Summary The DTA template helps ensure legal compliance, notably with the Protection of Personal Information Act (POPIA). It aids researchers by providing a standardized, flexible legal document, saving time and reducing costs. Un...

In this podcast episode, Nomfundo Mthembu discusses the ownership of the HeLa cell line with Professor Donrich Thaldar. Summary The HeLa cell line was created in 1951 without consent from Henrietta Lacks, the person whose tissue sample was used. Ownership of cell lines is investigated from a South African legal perspective by considering three possible contemporary scenarios bearing points of simi...

In this podcast episode, Professor Donrich Thaldar and Dr Faith Kabatadiscuss the governance of human genomic data in Africa. Summary Genomic sovereignty has no utility value in human genomic research as it violates the rights of individuals and researchers. Mexico’s regulatory approach that is based on genomic sovereignty is contrasted with Finland’s more individual-centric, human rightsapproach....

In this episode, we speak about the res nullius construction of human genomic data. Summary No one domain of the law holds exclusive sway over human genomic data. Instead, genomic data have a multidimensional legal nature, meaning that multiple legal domains — including property law, privacy law, contract law, and intellectual property law — are all applicable. From a property law perspective, the...

In this podcast, Professor Donrich Thaldar and Ms Aliki Edgcumbe discuss the genetic-link requirement for surrogate motherhood agreements. Summary What do Kim Kardashian, Elon Musk, and Elton John have in common? Well, it is not just their mega success as celebrities. These stars share something far more interesting – they are just some of the rich and famous who have used a surrogate to have thei...

In this podcast episode, Professor Donrich Thaldar and Ms Michaela Steytler discuss the right to freedom of scientific research. Summary Despite the fact that the Constitution explicitly protects the right to freedom of scientific research, this right features neither in the preamble of any legislation, nor in any reported case law. If the right to freedom of scientific research remains in obscuri...

In this episode, Professor Donrich Thaldar explains the multidimensional legal nature of personal genomic sequence data. Summary There are multiple legal dimensions applicable to personal genomic sequence data. These include (1) property rights, (2) personality rights, and (3) intellectual property rights. (1) Personal genomic sequence data can be owned. The entity that is in the best position to...

In this podcast episode, Professor Donrich Thaldar and Dr Dusty-Lee Donnelly discuss the new data transfer agreement (DTA) template (beta version) that is now available for public comment. The DTA template (beta version) can be accessed here: https://doi.org/10.5281/zenodo.7110269 Comments can be emailed to healthlaw@ukzn.ac.za by no later than 15 November 2022. Funding This podcast was made possi...

In this podcast episode, Professor Donrich Thaldar and Dr Bonginkosi Shozi discuss whether gamete (sperm and egg) donors in South Africa must be anonymous, or whether they can choose to disclose their identities. Summary South African gamete banks and gamete donation agencies do not offer open-identity donors, as it is generally believed that donors must, by law, be anonymous. We analyse South Afr...

In this podcast episode, Professor Donrich Thaldar discusses the question of whether POPIA (the South African Protection of Personal Information Act) applies to DNA. Summary Does DNA fall within the ambit of POPIA? Many people mistakenly think that it does because DNA contains genetic information. However, one must distinguish DNA from the genetic information that it contains. POPIA only applies t...

In this podcast episode, Professor Donrich Thaldar discusses the issue of artificial intelligence (AI) and personality with Meshandren Naidoo. Summary DABUS, a cognition-based AI, was recently listed as inventor in a South African patent. This caused controversy globally regarding the nature of inventorship status – can AI qualify as an inventor? Opponents to the position taken in South Africa hav...

In this podcast episode, Professor Donrich Thaldar discusses the issue of heritable human genome editing with Dr Bonginkosi Shozi and Ms Tamanda Kamwendo. Summary The global discourse on heritable genome editing is dominated by Western perspectives. We argue for a broadening of this discourse, pointing out the significance of differences in culture and context between countries. These differences...

In this podcast, Professor Donrich Thaldar and Dr Bonginkosi Shozi discuss the question of whether human biological material that is donated for research can be owned. Summary Can human biological material that is used for research be owned in South African law? The answer to this question is contested, but under-investigated. This situation leads to legal uncertainty for local scientists and thei...

This is the Zulu version of the podcast titled "Why the genetic link requirement for surrogate motherhood is unjust" presented by Nomfundo Mthembu and discusses the issue of infertile people’s access to surrogate motherhood. Summary South African surrogacy law includes a provision, known as the genetic link requirement, that commissioning parents must use their own gametes for the conception of th...

In this podcast episode, Professor Donrich Thaldar discusses the issue of infertile people’s access to surrogate motherhood. Summary South African surrogacy law includes a provision, known as the genetic link requirement, that commissioning parents must use their own gametes for the conception of the surrogacy child. As a result, infertile persons who cannot contribute gametes for the conception o...

In this podcast episode, Professor Donrich Thaldar discusses the meaning of ‘public interest’ in POPIA (the South African Protection of Personal Information Act) and its relevance to the research community. Summary ‘Public interest’ is an important concept in POPIA. The criteria for being in the public interest that emerged in our case law are: The ‘public’ can refer to any community in South Afri...

In this podcast episode, Professor Donrich Thaldar and Dr Dusty-Lee Donnelly discuss the meaning of ‘responsible party’ in POPIA (the South African Protection of Personal Information Act) and its impact on the research community. Summary In the research context, a ‘responsible party’ as contemplated in terms of POPIA is typically the research institution as well as the individual researcher involv...

In this podcast episode, Professor Donrich Thaldar and Shiniel Naidoo discuss policy proposals to encourage artificial intelligence (AI) innovation in the South African healthcare sector. Summary Despite the tremendous promise offered by artificial intelligence (AI) for healthcare in South Africa, existing policy frameworks are inadequate for encouraging innovation in this field. Practical and sol...

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