I am currently a PhD candidate and Senior Associate Teacher in Medical Law at the University of Bristol Law School, having received a University of Bristol PhD Studentship. My PhD research is based on an empirically-informed evaluation of the living kidney donor assessment process in England and Wales. The psychosocial assessment of the living donor is a specific area of focus within my project. Before I made the decision to return to student life, I was appointed as Health Law Unit Head and Lecturer at the Steve Biko Centre for Bioethics, Health Sciences Faculty at the University of Witwatersrand. My academic career has involved lecturing LLB modules, such as law of succession, criminal law, introduction to law, media law, fundamental rights and medical law. During this time, I also acted as a regular speaker at CPD/CME events and facilitated the training of legal practitioners venturing into the field of medical law in South Africa. My broader research interests are within the medical law and ethics field where I have a keen interest in organ donation, children’s healthcare and reproductive health rights. This interest has led me to publish seven peer-reviewed publications in accredited academic journals. Outside of the academic environment, I am an avid organ donation activist who co-founded a NPO, Transplant Education for Living Legacies (TELL) which aims to change and lead the conversation on organ and tissue donation in South Africa.
The lack of availability of transplantable donor organs remains the main obstacle to improving or... more The lack of availability of transplantable donor organs remains the main obstacle to improving organ donation rates on a global level. The purpose of this article is to investigate the role of family consent in the donation process from a legal perspective. The question is posed whether family members should be approached to provide consent for deceased organ donation or whether the right to self-determination of the deceased should be honoured. The article analyses Chapter 8 of the National Health Act 61 of 2003 to determine the current legal position with regard to consent in the organ donation process. It is concluded that due to the continued stagnant state of the availability of donor organs in South Africa, at the very least appropriate, valid consent should not be nullified by a relative's objection.
In everyday clinical practice, healthcare professionals (HCPs) are exposed to large quantities of... more In everyday clinical practice, healthcare professionals (HCPs) are exposed to large quantities of confidential patient information, and many use WhatsApp groups to share this information. WhatsApp groups provide efficient mechanisms for clinical management advice, decision- making support and peer review. However, most HCPs do not fully understand the legal and ethical implications of sharing content in a WhatsApp group setting, which is often thought to be hosted on a secure platform and therefore removed from public scrutiny. In our paper, we unpack the legal and ethical issues that arise when information is shared in WhatsApp groups. We demonstrate that sharing content in this forum is tantamount to the publication of content; in other words, those who share content are subject to the same legal ramifications as a journalist would be. We also examine the role of the WhatsApp group administrator, who bears an additional legal burden by default, often unknowingly so. We consider the recommendations made by the Health Professions Council of South Africa in their guidelines for the use of social media, and highlight some areas where we feel the guidelines may not adequately protect HCPs from the legal repercussions of sharing content in a WhatsApp group. Finally, we provide a set of guidelines for WhatsApp group users that should be regularly posted onto the group by the relevant group administrator to mitigate some of the legal liabilities that may arise. We also provide guidelines for group administrators.
Transplantation is the only therapeutic option for terminal organ failure. The principle that don... more Transplantation is the only therapeutic option for terminal organ failure. The principle that donation should be a routine component of end-of-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.
There are thousands of desperate people globally who need a kidney for transplantation. The numbe... more There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. If South Africa wants to improve its current kidney-donation rate it should seek guidance from abroad. This article will compare South African transplant legislation with current legislation in Singapore and Iran. These two countries are of significance to the transplant debate as Singapore has recently legalized the reimbursement of costs of the organ donor while Iran goes a step further and pays the kidney donor. In conclusion it is argued that South Africa could learn from these two countries in order to try and address the shortage of transplantable organs locally.
The Body Worlds exhibition takes the visitor through a journey of more than 200 specimens. These ... more The Body Worlds exhibition takes the visitor through a journey of more than 200 specimens. These various skinless full body plastinates are posed in different positions to display how the human body works; they vary from the chess player with his brain split open to display the brain "in action", the runner with his muscles falling off the bones to display the working of the muscles in athletics and the controversial pregnant woman with her womb cut open to show her eight month old foetus. Von Hagens the creator of Body Worlds believes his exhibition is educational - educating the masses. Since the first exhibition of Body Worlds there has been rigorous debate on whether the display is a violation of human dignity or not. This aspect is discussed in the article. In conclusion the process regarding donating a complete dead body in South Africa is highlighted and the question is answered whether a South African citizen could legally donate his or her body to a Body Worlds display.
The South African Journal of Bioethics and Law, 2015
Modern medicine makes it possible to transplant not only kidneys but any solid organs from one hu... more Modern medicine makes it possible to transplant not only kidneys but any solid organs from one human body to another. Although it is the ideal to harvest organs from a brain-dead person, a kidney or a part of the liver or lung can be transplanted from a living donor to a patient. The majority of countries where organ transplants are performed have a dire need for transplantable organs as the current systems of organ procurement are not obtaining a sufficient amount of transplantable organs. Today’s cruel reality is that many patients are dying while waiting for a transplant. Few nations are able to meet the organ demand through their domestic transplant systems and there is a constant debate about ethical ways of procuring organs for transplantation purposes. This article will scrutinise the Israeli system of organ procurement and it will be compared with the current system of organ donation in South Africa (SA) in order to indicate whether SA could possibly, or should, follow the example of Israel to improve its acute donor organ shortage.
There are thousands of desperate people globally who need a kidney for transplantation. The numbe... more There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The specific focus of this article is to determine whether the payment of kidney donors could be regarded as constitutionally acceptable or not. To establish the constitutional acceptability of the reimbursement of kidney donors the following rights are analysed: the right to life, the right to human dignity, the right to self-determination, the right to privacy, and the right of access to healthcare services. Case law regarding the above is also included. After careful consideration of all of the above it is concluded that it should be regarded as constitutionally acceptable to remunerate a kidney donor for his kidney.
The lack of availability of transplantable donor organs remains the main obstacle to improving or... more The lack of availability of transplantable donor organs remains the main obstacle to improving organ donation rates on a global level. The purpose of this article is to investigate the role of family consent in the donation process from a legal perspective. The question is posed whether family members should be approached to provide consent for deceased organ donation or whether the right to self-determination of the deceased should be honoured. The article analyses Chapter 8 of the National Health Act 61 of 2003 to determine the current legal position with regard to consent in the organ donation process. It is concluded that due to the continued stagnant state of the availability of donor organs in South Africa, at the very least appropriate, valid consent should not be nullified by a relative's objection.
In everyday clinical practice, healthcare professionals (HCPs) are exposed to large quantities of... more In everyday clinical practice, healthcare professionals (HCPs) are exposed to large quantities of confidential patient information, and many use WhatsApp groups to share this information. WhatsApp groups provide efficient mechanisms for clinical management advice, decision- making support and peer review. However, most HCPs do not fully understand the legal and ethical implications of sharing content in a WhatsApp group setting, which is often thought to be hosted on a secure platform and therefore removed from public scrutiny. In our paper, we unpack the legal and ethical issues that arise when information is shared in WhatsApp groups. We demonstrate that sharing content in this forum is tantamount to the publication of content; in other words, those who share content are subject to the same legal ramifications as a journalist would be. We also examine the role of the WhatsApp group administrator, who bears an additional legal burden by default, often unknowingly so. We consider the recommendations made by the Health Professions Council of South Africa in their guidelines for the use of social media, and highlight some areas where we feel the guidelines may not adequately protect HCPs from the legal repercussions of sharing content in a WhatsApp group. Finally, we provide a set of guidelines for WhatsApp group users that should be regularly posted onto the group by the relevant group administrator to mitigate some of the legal liabilities that may arise. We also provide guidelines for group administrators.
Transplantation is the only therapeutic option for terminal organ failure. The principle that don... more Transplantation is the only therapeutic option for terminal organ failure. The principle that donation should be a routine component of end-of-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.
There are thousands of desperate people globally who need a kidney for transplantation. The numbe... more There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. If South Africa wants to improve its current kidney-donation rate it should seek guidance from abroad. This article will compare South African transplant legislation with current legislation in Singapore and Iran. These two countries are of significance to the transplant debate as Singapore has recently legalized the reimbursement of costs of the organ donor while Iran goes a step further and pays the kidney donor. In conclusion it is argued that South Africa could learn from these two countries in order to try and address the shortage of transplantable organs locally.
The Body Worlds exhibition takes the visitor through a journey of more than 200 specimens. These ... more The Body Worlds exhibition takes the visitor through a journey of more than 200 specimens. These various skinless full body plastinates are posed in different positions to display how the human body works; they vary from the chess player with his brain split open to display the brain "in action", the runner with his muscles falling off the bones to display the working of the muscles in athletics and the controversial pregnant woman with her womb cut open to show her eight month old foetus. Von Hagens the creator of Body Worlds believes his exhibition is educational - educating the masses. Since the first exhibition of Body Worlds there has been rigorous debate on whether the display is a violation of human dignity or not. This aspect is discussed in the article. In conclusion the process regarding donating a complete dead body in South Africa is highlighted and the question is answered whether a South African citizen could legally donate his or her body to a Body Worlds display.
The South African Journal of Bioethics and Law, 2015
Modern medicine makes it possible to transplant not only kidneys but any solid organs from one hu... more Modern medicine makes it possible to transplant not only kidneys but any solid organs from one human body to another. Although it is the ideal to harvest organs from a brain-dead person, a kidney or a part of the liver or lung can be transplanted from a living donor to a patient. The majority of countries where organ transplants are performed have a dire need for transplantable organs as the current systems of organ procurement are not obtaining a sufficient amount of transplantable organs. Today’s cruel reality is that many patients are dying while waiting for a transplant. Few nations are able to meet the organ demand through their domestic transplant systems and there is a constant debate about ethical ways of procuring organs for transplantation purposes. This article will scrutinise the Israeli system of organ procurement and it will be compared with the current system of organ donation in South Africa (SA) in order to indicate whether SA could possibly, or should, follow the example of Israel to improve its acute donor organ shortage.
There are thousands of desperate people globally who need a kidney for transplantation. The numbe... more There are thousands of desperate people globally who need a kidney for transplantation. The number of people who require a kidney transplant continues to escalate faster than the number of kidneys available for a transplant. The specific focus of this article is to determine whether the payment of kidney donors could be regarded as constitutionally acceptable or not. To establish the constitutional acceptability of the reimbursement of kidney donors the following rights are analysed: the right to life, the right to human dignity, the right to self-determination, the right to privacy, and the right of access to healthcare services. Case law regarding the above is also included. After careful consideration of all of the above it is concluded that it should be regarded as constitutionally acceptable to remunerate a kidney donor for his kidney.
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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.
regarded as constitutionally acceptable or not. To establish the constitutional acceptability of the reimbursement of kidney donors the following rights are analysed: the right to life, the right to human dignity, the right to self-determination, the right to privacy, and the right of access to healthcare services. Case law
regarding the above is also included. After careful consideration of all of the above it is concluded that it should be regarded as constitutionally acceptable to remunerate a kidney donor for his kidney.
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.
regarded as constitutionally acceptable or not. To establish the constitutional acceptability of the reimbursement of kidney donors the following rights are analysed: the right to life, the right to human dignity, the right to self-determination, the right to privacy, and the right of access to healthcare services. Case law
regarding the above is also included. After careful consideration of all of the above it is concluded that it should be regarded as constitutionally acceptable to remunerate a kidney donor for his kidney.