South African Journal of Bioethics and Law
type: channel
description: 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.
publisher: South African Medical Association
language: en
publication name: South African Journal of Bioethics and Law
issn: 1999-7639
copyright: 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.
items: Call for comments on and withdrawal of the Draft South Africa National Artificial Intelligence Policy
items: CPD
items: Before the mind is touched: What Chile’s neurorights mean for South Africa’s legal and ethical framework
items: Words matter: Using the Framework Method to analyse the definitions of ‘anonymise’, ‘pseudonymise’, ‘de-identify’, and ‘not de-identified’
items: SAHPRA issues guidance on of Artificial Intelligence and Machine Learning-enabled medical devices
items: Filicide in South Africa: The need for legal reform
items: Sexual offences: A focus on victims with intellectual disability, a vulnerable population
items: A little less conversation, a little more action: The crisis of statutory rape – is it the law, implementation, or culture?
items: Risk and liability in collaborative mental healthcare between psychologists, psychiatrists and traditional healers in South Africa
items: Ethicolegal framework for the regulation of human faecal microbiota transplants in South Africa: Progress, challenges and recommendations
items: Patterns of unprofessional conduct by medical practitioners in South Africa, 2014 - 2023
items: Genocide as a bioethical crisis: Healthcare, reproduction and the findings of the UN commission of inquiry
items: Failing to protect the climate could violate international law
items: 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
items: https://samajournals.co.za/index.php/sajbl/article/view/3975
items: The National Health Research Ethics Council 2024 Guidelines – suspended in part, legally precarious in whole
items: Limpopo provincial health research committee outcomes: Implications for ethics practice and future research
items: Can we do less but care – fully?
items: Pandemics, public health and the limitation of the right to privacy: Legal compliance and public trust
items: https://samajournals.co.za/index.php/sajbl/article/view/3649
items: From prohibition to protection: Rethinking the ethics of non-medical preimplantation sex selection
items: The matter between the State and Professor Peter Beale
items: Accelerating telehealth in South Africa: Bridging the gap between policy, AI innovation, and patient access
items: Denying the right to healthcare: South Africa’s unemployed doctors at the centre of this crisis
items: ‘Encore, encore!’ – secondary use of health data for research: A practical guide to POPIA
items: The cautionary tale of USAID cuts: Resources for HIV treatment and prevention programmes
items: Ensuring public safety and professional integrity: The vital role of healthcare regulators in South Africa

Call for comments on and withdrawal of the Draft South Africa National Artificial Intelligence Policy
type: item
subject: Editorial
  topic: section
creator: A Dhai
rights: Copyright (c) 2026 A Dhai https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-04
publication date: 2026-05-04
starting page: e5235
ending page: e5235
doi: 10.7196/

CPD
type: item
description: -
subject: CPD
  topic: section
creator: Claudia Naidu
rights: Copyright (c) 2026 Claudia Naidu https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-04
publication date: 2026-05-04
doi: 10.7196/

Before the mind is touched: What Chile’s neurorights mean for South Africa’s legal and ethical framework
type: item
description: 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.
subject: Research Articles
  topic: section
subject: Neurorights
  topic: keywords
subject: Chile neurorights amendment
  topic: keywords
subject: technology-neutral regulation
  topic: keywords
subject: neuro-inference technologies
  topic: keywords
subject: South African Bill of Rights
  topic: keywords
subject: Brain data and biometric inference
  topic: subjects
subject: Constitutional rights and emerging technologies
  topic: subjects
subject: Consumer neurodevices and wearables
  topic: subjects
subject: Technology-neutral legal frameworks
  topic: subjects
subject: Comparative constitutional law (Chile–South Africa)
  topic: subjects
subject: Data Protection and Privacy Law
  topic: disciplines
subject: Bioethics and Neuroethics
  topic: disciplines
subject: Law and Neuroscience
  topic: disciplines
creator: W M Botes
creator: T Naidoo
rights: Copyright (c) 2026 W M Botes, T Naidoo https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-04
publication date: 2026-05-04
starting page: e4772
ending page: e4772
doi: 10.7196/SAJBL.2026.v19i1.4772

Words matter: Using the Framework Method to analyse the definitions of ‘anonymise’, ‘pseudonymise’, ‘de-identify’, and ‘not de-identified’
type: item
description: 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 inst…
subject: Research Articles
  topic: section
subject: anonymization
  topic: keywords
subject: deidentification
  topic: keywords
subject: pseudonymization
  topic: keywords
subject: POPIA compliance
  topic: keywords
subject: data protection
  topic: subjects
subject: deidentification
  topic: subjects
subject: pseudonymization
  topic: subjects
subject: privacy
  topic: subjects
subject: data law
  topic: disciplines
subject: Bioethics
  topic: disciplines
creator: M van Niekerk
rights: Copyright (c) 2026 M van Niekerk https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-04
publication date: 2026-05-04
starting page: E4276
ending page: E4276
doi: 10.7196/SAJBL.2026.v19i1.4276

CPD
type: item
description: -
subject: CPD
  topic: section
creator: Claudia Naidu
rights: Copyright (c) 2025 Claudia Naidu https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: e4635
ending page: e4635
doi: 10.7196/

SAHPRA issues guidance on of Artificial Intelligence and Machine Learning-enabled medical devices
type: item
description: -
subject: Editorial
  topic: section
creator: A Dhai
rights: Copyright (c) 2025 A Dhai https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: e4634
ending page: e4634
doi: 10.7196/

Filicide in South Africa: The need for legal reform
type: item
description: 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.
subject: Research Articles
  topic: section
subject: filicide, common law murder, policy reforms, laws, socio-cultural considerations
  topic: keywords
subject: ethico-legal considerations for filicide in South Africa
  topic: subjects
subject: law and ethics
  topic: disciplines
creator: S Mahomed
rights: Copyright (c) 2026 S Mahomed https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-04
publication date: 2026-05-04
starting page: e4592
ending page: e4592
doi: 10.7196/SAJBL.2026.v19i1.4592

Sexual offences: A focus on victims with intellectual disability, a vulnerable population
type: item
description: 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.
subject: Review Articles
  topic: section
subject: sexual offences and related matters act
  topic: subjects
subject: intellectual disability
  topic: subjects
subject: victims
  topic: subjects
subject: assessments
  topic: subjects
subject: Forensic Psychiatry
  topic: disciplines
subject: Ethics
  topic: disciplines
creator: U Subramaney
creator: C Waldeck
creator: I Chetty
creator: N Govender
creator: E Breytenbach
rights: Copyright (c) 2026 U Subramaney, C Waldeck, I Chetty, N Govender, E Breytenbach https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-04
publication date: 2026-05-04
starting page: e3899
ending page: e3899
doi: 10.7196/SAJBL.2026.v19i1.3899

A little less conversation, a little more action: The crisis of statutory rape – is it the law, implementation, or culture?
type: item
description: -
subject: Editorial
  topic: section
subject: Mandatory reporting obligations
  topic: keywords
subject: Statutory rape crisis
  topic: keywords
subject: Sexual Offences and Related Matters Act (SORMA)
  topic: keywords
subject: Adolescent vulnerability
  topic: keywords
subject: Blesser–Blessee relationships
  topic: keywords
subject: Unintended consequences of criminalisation
  topic: keywords
subject: Trauma-informed interventions
  topic: keywords
subject: Portfolio Committee public hearings
  topic: keywords
subject: Mandatory reporting obligations
  topic: subjects
subject: Statutory rape crisis
  topic: subjects
subject: Sexual Offences and Related Matters Act (SORMA)
  topic: subjects
subject: Adolescent vulnerability
  topic: subjects
subject: Blesser–Blessee relationships
  topic: subjects
subject: Unintended consequences of criminalisation
  topic: subjects
subject: Trauma-informed interventions
  topic: subjects
subject: Cultural norms and systemic barriers
  topic: subjects
subject: Portfolio Committee public hearings
  topic: subjects
subject: Ethical–legal complexities in healthcare
  topic: subjects
subject: criminal law
  topic: disciplines
subject: Health Law & Policy
  topic: disciplines
subject: Public health
  topic: disciplines
subject: Public Health Policy
  topic: disciplines
subject: Sexual Reproductive Health
  topic: disciplines
creator: S Bhamjee
creator: A Strode
creator: S Goosen
creator: Z Essack
rights: Copyright (c) 2025 S Bhamjee, A Strode, S Goosen, Z Essack https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: e4498
ending page: e4498
doi: 10.7196/SAJBL.2025.v18i3.4498

Risk and liability in collaborative mental healthcare between psychologists, psychiatrists and traditional healers in South Africa
type: item
description: 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 …
subject: Research Articles
  topic: section
subject: pluralism
  topic: keywords
subject: mental health
  topic: keywords
subject: ethics
  topic: keywords
subject: ethics
  topic: subjects
subject: liability
  topic: subjects
subject: traditional health practitioners
  topic: subjects
subject: mental health
  topic: subjects
subject: pluralism
  topic: subjects
subject: Psychology
  topic: disciplines
subject: psychiatry
  topic: disciplines
subject: health professions
  topic: disciplines
creator: J O August
creator: Y Ally
creator: L Yew-Siong
rights: Copyright (c) 2026 L Yew-Siong, Y Ally, J A August https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-04
publication date: 2026-05-04
starting page: e4481
ending page: e4481
doi: 10.7196/SAJBL.2026.v19i1.4481

Ethicolegal framework for the regulation of human faecal microbiota transplants in South Africa: Progress, challenges and recommendations
type: item
description: 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.
subject: Research Articles
  topic: section
subject: Faecal microbiota transplantation, regulation, ethico-legal framework, South Africa, microbiome regulation, SoHO Regulation
  topic: keywords
subject: Ethico-legal regulation of new medical technologies; medical law; ethics; regulatory gaps in South Africa;
  topic: subjects
subject: Medical law; Emerging medical trends and technologies
  topic: disciplines
subject: Legal and ethical regulation
  topic: disciplines
subject: Guidance for clinicians working in field of faecal micribiota transplantation in South Africa
  topic: disciplines
creator: M Labuschaigne
rights: Copyright (c) 2026 M Labuschaigne https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-04
publication date: 2026-05-04
starting page: e4441
ending page: e4441
doi: 10.7196/SAJBL.2026.v19i1.4441

Patterns of unprofessional conduct by medical practitioners in South Africa, 2014 - 2023
type: item
description: 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…
subject: Research Articles
  topic: section
subject: medical ethics
  topic: keywords
subject: professional misconduct
  topic: keywords
subject: ethical transgressions
  topic: keywords
subject: healthcare providers
  topic: keywords
subject: medical ethics
  topic: subjects
subject: professional misconduct
  topic: subjects
subject: ethical transgressions
  topic: subjects
subject: healthcare providers
  topic: subjects
subject: bioethics
  topic: disciplines
creator: N Ravi
creator: M Pontarelli
creator: A Baldassarre
creator: Y Gezu
creator: M Nortje
creator: G Truong
creator: W Hoffmann
creator: N Nortje
rights: 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
date: 2026-05-04
publication date: 2026-05-04
starting page: e4329
ending page: e4329
doi: 10.7196/SAJBL.2026.v19i1.4329

Genocide as a bioethical crisis: Healthcare, reproduction and the findings of the UN commission of inquiry
type: item
description: -
subject: Scientific letters/short reports
  topic: section
subject: Genocide
  topic: keywords
subject: International Law
  topic: keywords
subject: Healthcare
  topic: keywords
subject: Starvation as a Weapon
  topic: keywords
subject: Bioethics
  topic: keywords
subject: Genocide
  topic: subjects
subject: Bioethics
  topic: subjects
subject: Healthcare
  topic: subjects
subject: Reproductive Rights
  topic: subjects
subject: International law
  topic: subjects
subject: Law
  topic: disciplines
subject: Bioethics and health law
  topic: disciplines
creator: S Soni
rights: Copyright (c) 2025 S Soni https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: e4236
ending page: e4236
doi: 10.7196/SAJBL.2025.v18i4.4236

CPD
type: item
description: -
subject: CPD
  topic: section
creator: Claudia Naidu
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-04
publication date: 2025-09-04
doi: 10.7196/

Failing to protect the climate could violate international law
type: item
description: -
subject: Editorial
  topic: section
creator: A Dhai
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-04
publication date: 2025-09-04
starting page: e4193
ending page: e4193
doi: 10.7196/

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
type: item
description: -
subject: Editorial
  topic: section
subject: Constitution, Law, Practice
  topic: keywords
subject: Appointments
  topic: subjects
subject: Designations
  topic: subjects
subject: Professional Boards
  topic: subjects
subject: the Council
  topic: subjects
subject: Law
  topic: subjects
subject: Practice
  topic: subjects
subject: Lacuna
  topic: subjects
subject: Law and Ethics
  topic: disciplines
creator: M A Kwinda
rights: Copyright (c) 2025 M A Kwinda https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: e4113
ending page: e4113
doi: 10.7196/SAJBL.2025.v18i3.4113

https://samajournals.co.za/index.php/sajbl/article/view/3975
type: item
title: 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
description: 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.
subject: Correspondence
  topic: section
creator: D J McQuoid-Mason
rights: Copyright (c) 2025 D J McQuoid-Mason https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-04
publication date: 2025-09-04
starting page: e3975
ending page: e3975
doi: 10.7196/SAJBL.2025.v18i2.3975

The National Health Research Ethics Council 2024 Guidelines – suspended in part, legally precarious in whole
type: item
description: -
subject: Editorial
  topic: section
subject: appeals
  topic: keywords
subject: ASSAf
  topic: keywords
subject: benefit sharing
  topic: keywords
subject: data ownership
  topic: keywords
subject: governance
  topic: keywords
subject: health data
  topic: keywords
subject: NHREC
  topic: keywords
subject: POPIA
  topic: keywords
subject: procedural irregularity
  topic: keywords
subject: research ethics
  topic: keywords
creator: D Thaldar
rights: Copyright (c) 2025 D Thaldar https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-04
publication date: 2025-09-04
starting page: e3953
ending page: e3953
doi: 10.7196/SAJBL.2025.v18i2.3953

Limpopo provincial health research committee outcomes: Implications for ethics practice and future research
type: item
description: 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, warra…
subject: Research Articles
  topic: section
subject: Research proposal, profiles, research outcomes, Health Research Ethics Committee.
  topic: keywords
subject: Ethics
  topic: subjects
subject: Health
  topic: disciplines
creator: L Muthelo
creator: J Ramalivhana
creator: S Matlala
creator: M Kharivhe
creator: N Muvhango
creator: T Tshitangani
creator: T Malatji
creator: M Sono
creator: K Netshisaulu
creator: C Nesamvuni
creator: D Goon
creator: M Ngwenya
creator: P Mabotha
creator: O Segura Sardiñas
creator: M Masilela
rights: 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
date: 2025-12-18
publication date: 2025-12-18
starting page: e3663
ending page: e3663
doi: 10.7196/SAJBL.2025.v18i3.3663

Can we do less but care – fully?
type: item
description: -
subject: Opinion
  topic: section
subject: Moral distress
  topic: keywords
subject: Patient care
  topic: keywords
subject: Virtues
  topic: keywords
subject: Moral distress
  topic: subjects
subject: Patient care
  topic: subjects
subject: Virtues in medicine
  topic: subjects
subject: Ethics,
  topic: disciplines
creator: H Matisonn
creator: J De Vries
creator: J Hoare
creator: B Hodkinson
creator: S Opperman
rights: Copyright (c) 2025 H Matisonn, J De Vries, J Hoare, B Hodkinson, S Opperman https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: e3886
ending page: e3886
doi: 10.7196/SAJBL.2025.v18i3.3886

Pandemics, public health and the limitation of the right to privacy: Legal compliance and public trust
type: item
description: 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.
subject: Research Articles
  topic: section
subject: Disease outbreaks
  topic: keywords
subject: limitation of rights
  topic: keywords
subject: pandemics
  topic: keywords
subject: privacy
  topic: keywords
subject: public health
  topic: keywords
subject: regulatory framework
  topic: keywords
subject: Disease outbreaks
  topic: subjects
subject: limitation of rights
  topic: subjects
subject: pandemics
  topic: subjects
subject: privacy
  topic: subjects
subject: public health
  topic: subjects
subject: Regulatory Frameworks
  topic: subjects
subject: Health law
  topic: disciplines
subject: Pandemic preparedness
  topic: disciplines
subject: Public health
  topic: disciplines
creator: L Prinsen
rights: Copyright (c) 2025 L Prinsen https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: e3773
ending page: e3773
doi: 10.7196/SAJBL.2025.v18i3.3773

https://samajournals.co.za/index.php/sajbl/article/view/3649
type: item
title: 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
description: 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 Departmen…
subject: Research Articles
  topic: section
subject: Mandatory reporting
  topic: keywords
subject: Blesser
  topic: keywords
subject: Blessee
  topic: keywords
subject: Transactional Sex
  topic: keywords
subject: Vulnerable Persons
  topic: keywords
subject: Commercial Sex
  topic: keywords
subject: Female Students
  topic: keywords
subject: Sexual Offence
  topic: keywords
subject: Criminalisation
  topic: keywords
subject: Blesser
  topic: subjects
subject: Blessee
  topic: subjects
subject: Commercial sex work
  topic: subjects
subject: Transactional sex
  topic: subjects
subject: Vulnerable person
  topic: subjects
subject: Sexual Offences
  topic: subjects
subject: Mandatory Reporting
  topic: subjects
subject: Researchers
  topic: subjects
subject: Healthcare providers
  topic: subjects
subject: Vulnerable Persons
  topic: subjects
subject: Female Students
  topic: subjects
subject: Criminal Offence
  topic: subjects
subject: Law
  topic: disciplines
subject: Policy
  topic: disciplines
subject: Sexual Reproductive Health
  topic: disciplines
subject: Research Ethics
  topic: disciplines
subject: Criminal Law
  topic: disciplines
creator: S Bhamjee
creator: A Strode
creator: S Goosen
rights: Copyright (c) 2025 S Bhamjee, A Strode, S Goosen https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: e3649
ending page: e3649
doi: 10.7196/SAJBL.2025.v18i3.3649

From prohibition to protection: Rethinking the ethics of non-medical preimplantation sex selection
type: item
description: 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.
subject: Research Articles
  topic: section
subject: assisted reproduction
  topic: keywords
subject: bioethics
  topic: keywords
subject: constitutional rights
  topic: keywords
subject: preimplantation sex selection
  topic: keywords
subject: reproductive autonomy
  topic: keywords
creator: D Thaldar
rights: Copyright (c) 2025 D Thaldar https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: e3581
ending page: e3581
doi: 10.7196/SAJBL.2025.v18i3.3581

The matter between the State and Professor Peter Beale
type: item
description: -
subject: Editorial
  topic: section
creator: A Dhai
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-25
publication date: 2025-04-25
starting page: e3537
ending page: e3537
doi: 10.7196/

CPD
type: item
description: -
subject: CPD
  topic: section
creator: A Dhai
rights: Copyright (c) 2025 A Dhai https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-25
publication date: 2025-04-25
starting page: e3536
ending page: e3536
doi: 10.7196/

Accelerating telehealth in South Africa: Bridging the gap between policy, AI innovation, and patient access
type: item
description: 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.
subject: Research Articles
  topic: section
subject: Telehealth, Health Policy, Digital Health Governance.
  topic: keywords
subject: Telehealth
  topic: subjects
subject: Digital Healthcare
  topic: subjects
subject: Health Policy
  topic: subjects
subject: Health Law
  topic: disciplines
subject: Bioethics
  topic: disciplines
subject: Digital Health
  topic: disciplines
creator: W M Botes
creator: G Lobban
rights: Copyright (c) 2026 W M Botes, G Lobban https://creativecommons.org/licenses/by-nc/4.0
date: 2026-05-04
publication date: 2026-05-04
starting page: e3527
ending page: e3527
doi: 10.7196/SAJBL.2026.v19i1.3527

Denying the right to healthcare: South Africa’s unemployed doctors at the centre of this crisis
type: item
description: 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…
subject: Research Articles
  topic: section
subject: right to access healthcare, unemployed doctors, South Africa, fundamental rights.
  topic: keywords
subject: right to access healthcare, unemployed doctors, South Africa, fundamental rights
  topic: subjects
subject: ethico-legal
  topic: disciplines
creator: S Mahomed
creator: A V Adeleke
rights: Copyright (c) 2025 S Mahomed, A V Adeleke https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-04
publication date: 2025-09-04
starting page: e3522
ending page: e3522
doi: 10.7196/SAJBL.2025.v18i2.3522

‘Encore, encore!’ – secondary use of health data for research: A practical guide to POPIA
type: item
description: 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.
subject: Review Articles
  topic: section
subject: health research
  topic: keywords
subject: POPIA compliance
  topic: keywords
subject: secondary use of data
  topic: keywords
subject: de-identification
  topic: keywords
subject: pseudonymisation
  topic: keywords
subject: Data protection
  topic: subjects
subject: POPIA
  topic: subjects
subject: secondary use of data
  topic: subjects
subject: Law; Data Law
  topic: disciplines
creator: A Edgcumbe
creator: D Thaldar
rights: Copyright (c) 2025 A Edgcumbe, D Thaldar https://creativecommons.org/licenses/by-nc/4.0
date: 2025-12-18
publication date: 2025-12-18
starting page: e3550
ending page: e3550
doi: 10.7196/SAJBL.2025.v18i3.3350

The cautionary tale of USAID cuts: Resources for HIV treatment and prevention programmes
type: item
description: 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.
subject: Research Articles
  topic: section
subject: HIV
  topic: keywords
subject: Antiretrovirals
  topic: keywords
subject: USAID
  topic: keywords
subject: Reasonableness
  topic: keywords
subject: Available resources
  topic: keywords
subject: Socio-economic rights
  topic: keywords
subject: HIV
  topic: subjects
subject: Antiretrovirals
  topic: subjects
subject: USAID
  topic: subjects
subject: Socio-economic rights
  topic: subjects
subject: Reasonableness
  topic: subjects
subject: Resources
  topic: subjects
subject: Law and HIV
  topic: disciplines
creator: M Brotherton
rights: Copyright (c) 2025 M Brotherton https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-25
publication date: 2025-04-25
starting page: e3321
ending page: e3321
doi: 10.7196/

Ensuring public safety and professional integrity: The vital role of healthcare regulators in South Africa
type: item
description: 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.
subject: Research Articles
  topic: section
subject: HPCSA
  topic: keywords
subject: regulation
  topic: keywords
subject: public safety
  topic: keywords
subject: healthcare standards
  topic: keywords
subject: health regulation
  topic: subjects
subject: public safety
  topic: subjects
subject: professional integrity
  topic: subjects
subject: ethical oversight
  topic: subjects
subject: Regulatory Frameworks
  topic: subjects
subject: Bioethics
  topic: disciplines
subject: Bioethics and health law
  topic: disciplines
subject: law
  topic: disciplines
creator: S Sobuwa
creator: N Sipeka
rights: Copyright (c) 2025 S Sobuwa, N Sipeka https://creativecommons.org/licenses/by-nc/4.0
date: 2025-09-04
publication date: 2025-09-04
starting page: e3034
ending page: e3034
doi: 10.7196/SAJBL.2025.v18i2.3034