South African Journal of Bioethics and Law
SAJBL is an online, tri-annual, peer reviewed journal that covers matters related to ethics, law, human rights and related matters for the health professions.
The SAJBL is published under an Attribution-Non Commercial International Creative Commons Attribution (CC-BY-NC 4.0) License. Under this license, authors agree to make articles available to users, without permission or fees, for any lawful, non-commercial purpose. Users may read, copy, or re-use published content as long as the author and original place of publication are properly cited. Exceptions to this license model is allowed for UKRI and research funded by organisations requiring that research be published open-access without embargo, under a CC-BY licence. As per the journals archiving policy, authors are permitted to self-archive the author-accepted manuscript (AAM) in a repository.
Call for comments on and withdrawal of the Draft South Africa National Artificial Intelligence Policy
Copyright (c) 2026 A Dhai https://creativecommons.org/licenses/by-nc/4.0
Copyright (c) 2026 Claudia Naidu https://creativecommons.org/licenses/by-nc/4.0
Before the mind is touched: What Chile’s neurorights mean for South Africa’s legal and ethical framework
This article examines what Chile’s neurorights reforms may mean for South Africa (SA)’s legal and ethical framework. Chile is the first country to adopt an explicit constitutional and legislative response to neurotechnology, including protection for brain activity and information derived from it. Using Chile as a comparative lens, the article argues that SA does not necessarily require an immediate sui generis constitutional amendment to address neurorights-type concerns. Rather, existing constitutional protections for dignity, privacy, bodily and psychological integrity, freedom of thought and informed consent are already normatively receptive to many of the harms posed by emerging neurotechnologies. The more urgent challenge lies in timing; SA law remains largely reactive, often offering remedies only after intrusion, extraction or misuse has already occurred. The article therefore contends that protection should move upstream through proactive, risk-sensitive procedural reform and anticipatory governance, particularly in high-risk contexts involving coercion, asymmetrical power or intimate mental inference. It further argues that a neurotechnology-sensitive interpretation of existing rights, informed by local constitutional doctrine, neuroethics, and SA concerns around dignity, vulnerability and relational personhood, provides a more coherent and contextually appropriate path than immediate constitutional transplantation. The article concludes by outlining the general contours of ex ante safeguards for neurotechnology in SA while leaving open the possibility that more explicit neurorights protections may become necessary if existing doctrines prove systematically under-protective.
Constitutional rights and emerging technologies
Comparative constitutional law (Chile–South Africa)
Copyright (c) 2026 W M Botes, T Naidoo https://creativecommons.org/licenses/by-nc/4.0
Words matter: Using the Framework Method to analyse the definitions of ‘anonymise’, ‘pseudonymise’, ‘de-identify’, and ‘not de-identified’
A significant number of students handle personal information (PI) during work-integrated learning and supervised research, requiring compliance with both South African (SA) law and internationally derived research ethics instruments. Where these instruments use different terminology, students face barriers to understanding, reflecting not only linguistic differences but materially distinct legal standards and regulatory consequences. Using the Framework Method across seven analytical dimensions, this study examined the conceptual equivalence of key PI protection terms across four sources: the Oxford English Dictionary, the European Union General Data Protection Regulation (GDPR), the Council for the International Organizations of Medical Sciences (CIOMS) ethical guidelines for human research, and SA’s Protection of Personal Information Act 4 of 2013 (POPIA). Three findings emerged. First, GDPR’s ‘anonymisation’ and POPIA’s ‘de-identification’, although similar in stated purpose, apply different threshold tests: GDPR uses a probability test (whether re-identification is reasonably likely), while POPIA applies a capacity test (whether re-identification is possible by any reasonably foreseeable method). A data set compliant under GDPR may therefore not satisfy POPIA. Second, the instruments diverge on regulatory scope: GDPR treats anonymisation as an exit from regulation, whereas POPIA imposes ongoing obligations on de-identified data, including an explicit re-identification prohibition absent from GDPR. Third, CIOMS and POPIA are more conceptually compatible with each other than either is with GDPR, yet CIOMS employs GDPR-tradition terminology, creating misleading signals of equivalence for SA students. These divergences reflect fundamentally different conceptions of PI and the rationale for its protection. Students, educators and institutional governance structures must address these distinctions explicitly, rather than assuming terminological equivalence across instruments.
Copyright (c) 2026 M van Niekerk https://creativecommons.org/licenses/by-nc/4.0
Copyright (c) 2025 Claudia Naidu https://creativecommons.org/licenses/by-nc/4.0
SAHPRA issues guidance on of Artificial Intelligence and Machine Learning-enabled medical devices
Copyright (c) 2025 A Dhai https://creativecommons.org/licenses/by-nc/4.0
Filicide in South Africa: The need for legal reform
Filicide, the intentional killing of a child by a parent or parental figure, presents profound challenges within South Africa (SA)’s justice system. Despite its exceptional nature, filicide is prosecuted under the common-law crime of murder. Although filicide falls within the ambit of common-law murder, the absence of a distinct legal category obscures the unique psychological, relational and socioeconomic factors that differentiate these cases from other homicides. Sentencing practices reveal deep inconsistency, shaped by judicial discretion, the minimum-sentencing regime, and gendered narratives. This article argues that SA should retain filicide within common-law murder but urgently adopt national sentencing guidelines, mandatory pre-sentencing mental health assessments, and integrated prevention pathways linking social services, health systems and law enforcement. Establishing a national filicide database would further strengthen monitoring and policy design. By situating filicide within its broader sociolegal context, this article underscores the need for a co-ordinated, multidisciplinary response capable of preventing tragedy, ensuring consistent, proportionate sentencing, and protecting the country’s most vulnerable group.
filicide, common law murder, policy reforms, laws, socio-cultural considerations
ethico-legal considerations for filicide in South Africa
Copyright (c) 2026 S Mahomed https://creativecommons.org/licenses/by-nc/4.0
Sexual offences: A focus on victims with intellectual disability, a vulnerable population
Victims of sexual offences who have intellectual disabilities (IDs) face many challenges when formal charges are laid. When seeking a just outcome, the legal fraternity relies on valid and reliable testimony in order to prosecute alleged perpetrators. This review article discusses some of these challenges, which could include other comorbid medical and psychiatric conditions, firstly defining ID together with a classification of severity. The authors then provide some insights into the victim assessment unit at Sterkfontein Hospital with regard to the history of the outpatient unit, procedure, methods of assessment, and reporting to the courts. Finally, some important ethicolegal considerations are considered, emphasising the facilitation of legal processes and ensuring justice while preserving autonomy, beneficence and non-maleficence. The review concludes with a recommendation for an analysis of all victims who have been referred to the unit to date.
Copyright (c) 2026 U Subramaney, C Waldeck, I Chetty, N Govender, E Breytenbach https://creativecommons.org/licenses/by-nc/4.0
A little less conversation, a little more action: The crisis of statutory rape – is it the law, implementation, or culture?
Sexual Offences and Related Matters Act (SORMA)
Unintended consequences of criminalisation
Ethical–legal complexities in healthcare
Copyright (c) 2025 S Bhamjee, A Strode, S Goosen, Z Essack https://creativecommons.org/licenses/by-nc/4.0
Risk and liability in collaborative mental healthcare between psychologists, psychiatrists and traditional healers in South Africa
Background. South Africa (SA)’s pluralistic mental health system reflects a coexistence of biomedical and traditional healing paradigms. While this plurality enhances cultural accessibility and patient trust, it also raises ethical and legal uncertainty regarding professional accountability and liability. The absence of harmonised governance between the Health Professions Council of South Africa and the Traditional Health Practitioners Council complicates interprofessional collaboration and increases the risk of professional exposure. Objectives. To explore how psychologists, psychiatrists and traditional health practitioners (THPs) understand risk, liability and accountability in pluralistic mental healthcare, and to identify areas where ethical and legal frameworks could be strengthened to support culturally responsive and legally coherent collaboration. Methods. A qualitative exploratory-descriptive design was employed. Semi-structured interviews were conducted with 19 practitioners, comprising psychologists, psychiatrists and THPs. Data were analysed using Braun and Clarke’s thematic framework to identify shared and divergent understandings of professional responsibility, ethical practice and legal accountability. Results. Three overarching themes emerged: ambiguity in professional accountability, ethical tensions arising from cultural responsibility, and the need for policy and legal reform. Practitioners recognised the value of pluralistic care, but cited an absence of clear ethical guidance, referral systems and shared documentation protocols. Psychologists and psychiatrists expressed concern about malpractice liability, while THPs highlighted marginalisation within formal regulation. Participants emphasised the importance of ethical frameworks that respect cultural pluralism while protecting professional integrity and patient safety. Conclusion. Pluralistic collaboration is an established feature of mental healthcare in SA, but remains ethically and legally underdefined. Aligning the Health Professions Act 56 of 1974 and the Traditional Health Practitioners Act 22 of 2007 through joint policy development would clarify accountability and reduce liability risk. Interprofessional ethics education and formal referral mechanisms are essential to integrate cultural legitimacy with legal coherence.
Copyright (c) 2026 L Yew-Siong, Y Ally, J A August https://creativecommons.org/licenses/by-nc/4.0
Ethicolegal framework for the regulation of human faecal microbiota transplants in South Africa: Progress, challenges and recommendations
This article examines the ethicolegal challenges in regulating faecal microbiota transplantation (FMT) in South Africa (SA), where a regulatory vacuum under the National Health Act 61 of 2003 (NHA) and Medicines and Related Substances Act 101 of 1965 (MRSA) hinders the implementation of FMT. FMT effectively treats recurrent Clostridioides difficile infection by restoring gut microbiome balance, with potential for broader applications, but lacks clear classification as human tissue, biological material, or a medicine under the existing framework. The article suggests regulatory classifications for the different types of human stool under both the NHA and the MRSA. Drawing on relevant guidelines issued by the Food and Drug Administration in the USA and the European Medicines Agency, including the 2024 European Union’s Substances of Human Origin (SoHO) Regulation, which standardises microbiota safety and traceability, the article concludes with recommendations aimed at closing the existing regulatory vacuum concerning FMT in SA.
Faecal microbiota transplantation, regulation, ethico-legal framework, South Africa, microbiome regulation, SoHO Regulation
Ethico-legal regulation of new medical technologies; medical law; ethics; regulatory gaps in South Africa;
Medical law; Emerging medical trends and technologies
Guidance for clinicians working in field of faecal micribiota transplantation in South Africa
Copyright (c) 2026 M Labuschaigne https://creativecommons.org/licenses/by-nc/4.0
Patterns of unprofessional conduct by medical practitioners in South Africa, 2014 - 2023
Background. Over the past decade, South Africa (SA)’s healthcare landscape has shifted significantly as a result of policy reforms, including the Consumer Protection Act and amendments to the National Health Act. These changes have reframed the doctor-patient relationship, introducing economic and systemic pressures that may influence ethical decision-making. Objectives. To revisit the patterns of professional misconduct of SA medical practitioners from 2014 to 2023, comparing findings with those of a previously published study (covering 2007 - 2013) to identify emerging trends and to reflect on the efficacy of past recommendations. Methods. A mixed-methods approach was used to analyse published disciplinary records from the Health Professions Council of South Africa, excluding 2019 owing to data unavailability. Quantitative data were analysed using statistical tests to assess differences in transgression frequencies and sanction patterns between time periods. Qualitative analysis was used to categorise transgressions into several general and specific types to assess shifts in the patterns of professional misconduct. Results. The average percentage of practitioners found guilty of misconduct decreased significantly from 0.164% (2007 - 2013) to 0.087% (2014 - 2023) of registered practitioners. However, the average number of guilty verdicts per practitioner remained statistically unchanged, indicating a persistent pattern of repeat offences. Notable shifts in transgression types included a decrease in fraudulent conduct and an increase in documentation-related negligence. Conclusion. Although fewer practitioners were found guilty over the period of the present study, professional misconduct transgressions remained concentrated among repeat offenders. The study underscores the value of reinforcing the social contract in healthcare by recommending individualised ethics coaching for transgressors and revising current sanctioning practices to more effectively deter repeat misconduct.
Copyright (c) 2026 N Ravi, M Pontarelli, A Baldassarre, Y Gezu, M Nortje, G Truong, W Hoffmann, N Nortje https://creativecommons.org/licenses/by-nc/4.0
Genocide as a bioethical crisis: Healthcare, reproduction and the findings of the UN commission of inquiry
Copyright (c) 2025 S Soni https://creativecommons.org/licenses/by-nc/4.0
Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
Failing to protect the climate could violate international law
Considerations to be made in the constitution of the Health Professions Council of South Africa to commence its term in November 2025: Law v. practice law
Copyright (c) 2025 M A Kwinda https://creativecommons.org/licenses/by-nc/4.0
Caster Semenya succeeds in an important case for athletes around the world at the European Court of Human Rights regarding the right of athletes to a fair hearing during fundamental rights disputes between themselves and their sport governing bodies
In the case of Semenya v Switzerland, the European Court of Human Rights held that when athletes complain to their sport’s governing bodies regarding regulations that undermine their human rights, which such bodies claim are compatible with substantive public policy, the arbitration or reviewing bodies must rigorously – and not restrictively – examine the breaches of the athletes’ fundamental rights before deciding a case. This decision should result in important changes to the governance of international sport.
Copyright (c) 2025 D J McQuoid-Mason https://creativecommons.org/licenses/by-nc/4.0
The National Health Research Ethics Council 2024 Guidelines – suspended in part, legally precarious in whole
Copyright (c) 2025 D Thaldar https://creativecommons.org/licenses/by-nc/4.0
Limpopo provincial health research committee outcomes: Implications for ethics practice and future research
Background. Various institutional or organisational ethics research bodies are responsible for approving, safeguarding and monitoring strict adherence to the ethical research conduct of researchers seeking approval and conducting research, which is crucial for rational science, particularly in biomedical and allied health research involving humans. Understanding the profiles and outcomes of research submissions and reviews by ethics research bodies informs research direction and better practice. Objective. The objective of this study was to evaluate the profile, types of studies, and outcomes of research proposals submitted to the Limpopo Provincial Health Research Committee (LPHRC) of the Department of Health, Limpopo Province, South Africa, from January 2014 to July 2024. Methods. A retrospective, cross-sectional analytical study of all research proposals submitted to the LPHRC was conducted from January 2014 to July 2024. The data were analysed using descriptive statistics. Results. Of the 2 066 research proposals submitted to the LPHRC within the review period, the majority were in the years 2020 and 2022, accounting for 17.3% and 13.5%, respectively. About 30.8% were not funded, and 21% were self-funded by the researchers. Few research proposals were funded by organisations (9.7%), the government (4.0%) and companies (1.5%). Notably, 28.7% of the research proposals were rejected for various reasons, probably owing to non-compliance with LPHRC principles. About 46% of the proposals did not specify study designs. Intriguingly, infections (9.3%), mental health (8.9%), respiratory conditions including tuberculosis, and injuries and accidents, were among the least studied research areas in Limpopo Province. Conclusion. The study identified critical areas needing improvement in research practices, particularly concerning incomplete information on submissions to the LPHREC. Research focusing on national health research priorities, and particularly mental health, warrants attention and stakeholder funding to inform evidence-based practice and interventions.
Research proposal, profiles, research outcomes, Health Research Ethics Committee.
Copyright (c) 2025 L Muthelo, J Ramalivhana, S Matlala, M Kharivhe, N Muvhango, T Tshitangani, T Malatji, M Sono, K Netshisaulu, C Nesamvuni , D Goon, M Ngwenya, P Mabotha, O Segura Sardiñas, M Masilela https://creativecommons.org/licenses/by-nc/4.0
Copyright (c) 2025 H Matisonn, J De Vries, J Hoare, B Hodkinson, S Opperman https://creativecommons.org/licenses/by-nc/4.0
Pandemics, public health and the limitation of the right to privacy: Legal compliance and public trust
The COVID‐19 pandemic highlighted the tension between protecting public health and safeguarding individual rights, particularly the right to privacy. In South Africa (SA), privacy is both a constitutional right and a statutory obligation under the Protection of Personal Information Act (POPIA). However, during public health crises, this right may be limited by legal measures such as surveillance, mandatory reporting and data processing under POPIA, the National Health Act and the Disaster Management Act. These instruments collectively define the conditions under which the right to privacy may be limited in the interest of public health. This article examines whether SA’s legal framework allows for the lawful, necessary and proportionate limitation of privacy during disease outbreaks, drawing on key legislation and case law. To assess SA’s compliance with international human rights standards, a benchmarking of domestic provisions against the International Covenant on Civil and Political Rights and the Siracusa Principles is also undertaken. These instruments offer guidance on how states may justifiably limit rights during public health emergencies. The article further briefly examines whether adhering to constitutional and statutory requirements translates into public trust during pandemics. Lastly, it also provides recommended requirements to guide future limitations on privacy that uphold constitutional values while enabling effective public health responses.
Copyright (c) 2025 L Prinsen https://creativecommons.org/licenses/by-nc/4.0
Lifestyle choice or sex work? The criminality or otherwise of blesser-blessee relationships within the context of the 2021 amendments to the Sexual Offences and Related Matters Act, and the implications for healthcare providers and researchers
This article critically examines the phenomenon of ‘blesser-blessee’ relationships – arrangements in which older, financially secure individuals (blessers) provide material support to younger individuals (blessees) in exchange for companionship or intimacy. While these relationships have become increasingly visible in South Africa, they are not typically classified as sex work, despite their transactional nature. The analysis is situated within the framework of the 2021 amendments to the Sexual Offences and Related Matters Amendment Act, which introduced a new category of ‘vulnerable persons’. This includes students and trainees <25 years old residing in institutional accommodation, raising complex legal questions about the potential criminalisation of blesser relationships. The article explores the implications of mandatory reporting obligations imposed on healthcare professionals and researchers, who are now required to report suspected sexual offences involving consenting adults. This may inadvertently encompass blesser-blessee relationships, particularly where the exchange of material benefits is interpreted as exploitative or coercive. The legal ambiguity surrounding these relationships is further compounded by the lack of clear statutory definitions, which risks conflating consensual arrangements with criminal conduct. We present a balanced discussion of the competing perspectives on criminalisation. Advocates argue that blesser relationships reinforce harmful gender norms and contribute to gender-based violence. In contrast, critics caution against overly broad interpretations of the law, noting that such relationships may also involve genuine emotional intimacy and mutual agency. Ultimately, the article concludes that while the legislative intent may not have been to criminalise blesser relationships per se, the imprecise drafting of the amendments creates a legal grey area. We call for clearer statutory guidance and interpretive direction from the Department of Justice and Constitutional Development to ensure that the law is applied consistently and justly.
Copyright (c) 2025 S Bhamjee, A Strode, S Goosen https://creativecommons.org/licenses/by-nc/4.0
From prohibition to protection: Rethinking the ethics of non-medical preimplantation sex selection
In 2012, South African (SA) regulations imposed a blanket prohibition on non-medical preimplantation sex selection. A decade later, the Pretoria High Court declared the prohibition unconstitutional on the basis that it unjustifiably infringed reproductive autonomy under the Constitution. This article critically analyses the ethical reasoning underpinning the court’s decision, using the judgment as an organising framework. It evaluates the key normative concerns traditionally raised in debates about sex selection – including demographic imbalance, sex stereotyping, child welfare, and the moral status of the embryo – and situates these within relevant empirical evidence and ethical scholarship. The analysis demonstrates that although ethical objections to sex selection merit careful engagement, they lack the evidentiary grounding required to justify limiting constitutionally protected reproductive freedoms. Permitting non-medical preimplantation sex selection is therefore not an ethical anomaly but a principled extension of SA’s rights-based approach to reproductive decision-making. The article further notes that the March 2025 revised edition of Booklet 8, issued by the Health Professions Council of South Africa, has removed the previous prohibition on non-medical sex selection, bringing professional ethical guidance into alignment with the constitutional framework established by the High Court.
The matter between the State and Professor Peter Beale
Accelerating telehealth in South Africa: Bridging the gap between policy, AI innovation, and patient access
Background. The COVID‐19 pandemic accelerated global telehealth adoption, yet South Africa (SA) continues to face barriers owing to outdated regulations, fragmented infrastructure, and limited integration of artificial intelligence (AI). While national frameworks acknowledge the role of AI, a dedicated strategy for its implementation in healthcare is absent. This study draws on international governance frameworks and comparative policy analysis to explore pathways for inclusive and effective AI‐enabled telehealth in SA. Objectives. To assess current telehealth and AI policy landscapes in SA, identify implementation gaps, and provide actionable recommendations for aligning national strategies with international standards and healthcare needs. Methods. A qualitative policy analysis was conducted, reviewing SA regulatory instruments, including Health Professions Council of South Africa guidelines, the National AI Policy Framework and the National Health Insurance Act 20 of 2023, alongside the World Economic Forum (WEF)’s 2025 White Paper on AI in healthcare. A thematic comparative approach identified regulatory and infrastructural gaps, and proposed frameworks for sector‐specific policy advancement. No human participants were included. Results. SA’s revised Telehealth Guidelines (2021) remain restrictive and lack provisions for AI integration. The National AI Policy Framework outlines ethical AI governance but fails to detail healthcare‐specific implementation. In contrast, the WEF framework offers a phased, stakeholder‐driven model for AI adoption, emphasising data governance, digital infrastructure, and workforce training – critical elements currently missing in SA’s approach. Conclusion. A national AI‐in‐healthcare roadmap, supported by regulatory reform, a dedicated oversight body, and investment in digital infrastructure, is essential for equitable telehealth expansion. Further research should focus on scalable models for rural and underserved populations.
Telehealth, Health Policy, Digital Health Governance.
Copyright (c) 2026 W M Botes, G Lobban https://creativecommons.org/licenses/by-nc/4.0
Denying the right to healthcare: South Africa’s unemployed doctors at the centre of this crisis
The public sector provides healthcare access to 84% of patients in South Africa (SA). However, it is severely understaffed, with only 0.3 doctors per 1 000 people – far below the World Health Organization’s recommended ratio of 2.5 per 1 000. While the public sector struggles with numerous challenges, including a critical shortage of healthcare personnel, SA has a high number of medical doctors who have completed their mandatory community service yet remain unemployed. The shrinking health budget, rising salaries and high number of medicolegal claims are some of the reasons why the National Department of Health (NDoH) cannot afford to employ these professionals. In addition, corruption has severely impacted available resources, creating dangerous conditions in public hospitals. During the State of the Nation Address, the SA President announced the development of new healthcare facilities, but buildings alone do not deliver healthcare – people do. If the NDoH is already struggling to fill posts in the public sector, how can communities trust that adequate human resources have been budgeted for new facilities? Without proper staffing, these new facilities could exacerbate existing workforce shortages. The fundamental right to access healthcare is affirmed in the Constitution; however, its implementation is riddled with impediments. Although the issue of unemployed doctors is part of a bigger crisis within the SA healthcare sector, it is imperative that it is tackled first in order to avoid the further collapse of the healthcare system. This article highlights the government’s constitutional imperatives to the people of SA with regard to the right to access healthcare. It also brings to light certain factors that have accounted for the current state of healthcare in SA, and offers some recommendations toward urgent intervention. The article concludes by highlighting the need for strategic interventions that result in the integration of unemployed qualified doctors into the public healthcare system.
right to access healthcare, unemployed doctors, South Africa, fundamental rights.
right to access healthcare, unemployed doctors, South Africa, fundamental rights
Copyright (c) 2025 S Mahomed, A V Adeleke https://creativecommons.org/licenses/by-nc/4.0
‘Encore, encore!’ – secondary use of health data for research: A practical guide to POPIA
Health data hold immense potential for advancing medical science and informing public health strategies; however, their secondary use for research purposes has been poorly exploited, partly due to uncertainty and compliance concerns brought about by the Protection of Personal Information Act (POPIA). Researchers often assume that re-consent is the only option for secondary use. Yet POPIA provides several lawful grounds for processing special personal information, which includes health data, without necessarily obtaining re-consent. The present article serves as a practical guide for researchers navigating POPIA’s requirements for the secondary use of health data for research. A systematic approach is recommended: first, researchers should establish whether the original consent encompasses the intended secondary use. If it does not, they should determine which lawful grounds for processing special personal information best suit their context and can be relied upon. Options include obtaining re-consent, relying on a research purpose, or seeking authorisation from the Information Regulator. In addition, researchers may consider de-identifying the dataset, which would exempt it from the ambit of POPIA. Situations where pseudonymisation might achieve a similar outcome are also unpacked. By taking proactive, well-documented steps, researchers can better capitalise on existing health datasets to advance vital health research in South Africa.
Copyright (c) 2025 A Edgcumbe, D Thaldar https://creativecommons.org/licenses/by-nc/4.0
The cautionary tale of USAID cuts: Resources for HIV treatment and prevention programmes
The recent United States Agency for International Development (USAID) cuts have affected South Africa (SA)’s HIV prevention and treatment programmes. The consequences of these cuts affect the lives of millions of people, given the reliance on this foreign aid to supplement government resources for the provision of HIV treatment. The cuts are the result of a changing geopolitical landscape, in which diplomatic relations can be considered unstable. This article contends that the constitutional obligation to realise socioeconomic rights within ‘available resources’ should therefore not necessarily be interpreted as including foreign aid. Given current global politics and the fragility of diplomatic relations, such an interpretation is arguably unreasonable. SA should seek to ensure that its HIV treatment and prevention programmes are self-sufficient, so that provision of treatment for HIV can be consistent and reliable, and lives are not lost due to disruptions in treatment resulting from diplomatic relations.
Copyright (c) 2025 M Brotherton https://creativecommons.org/licenses/by-nc/4.0
Ensuring public safety and professional integrity: The vital role of healthcare regulators in South Africa
Healthcare regulation is often misunderstood as burdensome, yet it serves a critical function in safeguarding public health and maintaining professional integrity. The first objective of the present article is to explore the essential role of healthcare regulators in South Africa, with a focus on the Health Professions Council of South Africa (HPCSA). Established under the Health Professions Act 56 of 1974, the HPCSA oversees a broad mandate encompassing the registration, licensing and regulation of healthcare practitioners to ensure ethical and competent service delivery. The Council also establishes practice standards, evaluates educational programmes, promotes continuous professional development, and investigates complaints to ensure upholding public trust and safety. The second objective of the article is to clarify common misconceptions about healthcare regulation, including concerns about fee structures and registration suspension policies. It also aims to highlight the benefits that regulation offers healthcare professionals, such as enhanced credibility, legal compliance, and improved employment opportunities. The HPCSA’s dual mandate to protect the public and guide professions is examined through its legislative framework and relevant case law such as HPCSA v Grieve. As healthcare evolves, regulators such as the HPCSA must adapt to emerging challenges, ensuring the sector remains safe, ethical and effective. The third objective is to underscore the indispensable value of regulation in preserving both public safety and the integrity of the healthcare profession.
Copyright (c) 2025 S Sobuwa, N Sipeka https://creativecommons.org/licenses/by-nc/4.0