BackgroundWhenever South African research institutions share human biological material and associated data for health research or clinical trials they are legally compelled to have a material transfer agreement in place that uses as framework the standard MTA newly gazetted by the South African Minister of Health.Main bodyThe article offers a legal analysis of the SA MTA and focuses on its substantive fit with the broader legal environment in South Africa, and the clarity and practicality of its terms. The following problematic (...) aspects of the SA MTA are highlighted: Where only data and no human biological material are transferred, the SA MTA does not apply, leaving a lacuna; Health Research Ethics Committees are required to be parties to a MTA despite it being outside their legal mandate and undermining their oversight function; the SA MTA’s consent provisions are not aligned with extant law; and, similarly, its provision on donor ownership is misaligned with extant law; its creation of fictitious performance can only cause frustration on the part of an injured party; its benefit-sharing provision is vague and will have little practical effect; its dispute-resolution provisions fail to adequately protect South African research institutions and research participants; it fails to provide substantive guidance regarding intellectual property as its provisions relating to intellectual property may cause practical problems; and, finally, its data privacy provision is insufficiently specific, is overbroad, and fails to provide terms that in general would facilitate the international sharing of human biological material and associated data in terms of existing privacy law.ConclusionsWhile some of the problematic aspects of the SA MTA are intricate and require consultative processes with stakeholders and others, to develop comprehensive solutions, most of the problematic aspects can be resolved immediately through amendments by the South African Minister of Health. The formulation of such amendments is proposed and, where possible, interim measures are suggested that may ameliorate the problems presented by the SA MTA. (shrink)

As is the case around the globe, South African fertility clinics face an ever‐expanding problem: what to do with the growing number of surplus cryopreserved embryos. Fertility clinics remain hesitant to destroy these abandoned embryos, partly because of concerns about the legal ramifications. This article clarifies the legal position in South Africa and offers practical recommendations to assist fertility clinics in managing abandoned embryos. In sum, fertility clinics cannot deem embryos as abandoned and discard them if fertility patients fail to (...) respond to a notice that the embryo storage agreement is about to expire. However, if there is non‐payment for embryo storage by fertility patients and the fertility clinic has informed the fertility patients of other options available to them with respect to their embryos, and there is still no response, the fertility clinic is legally entitled – and legally obliged – to discard the embryos. (shrink)

In 2021, the WHO Expert Advisory Committee on Developing Global Standards for Governance and Oversight of Human Genome Editing (the ‘Committee’) published its policy recommendations. It proposes, inter alia, a set of nine values and principles to inform the governance of human genome editing (HGE) and makes recommendations regarding how HGE can be regulated. While these proposals contain valuable contributions to the discourse on the global governance of HGE, they also contain elements that call for heightened attention to the risks (...) of the technology, and a countervailing focus on the potential benefits of the technology is missing. The Committee ostensibly prioritises restricting HGE technology in the interest of society as a collective but, in doing so, neglects to consider the interests and rights of individuals. In this article, we suggest that this approach is imbalanced insofar as it fails to give sufficient weight to the promise of this technology in considering the regulation of risks and disregards the importance of the fundamental liberties underlying the use of HGE in its discussion of values and principles that should guide governance. How this is problematic is illustrated with reference to the Committee's openness to using patents as HGE governance tools and its blanket rejection of ‘eugenics’. It is concluded that while the Committee makes some sensible recommendations on global governance, the Committee's approach of emphasising restrictions on HGE without also giving weight to the value of an open and liberal policy space is not something that liberal democratic states ought to follow. (shrink)

This article points out a problematic lacuna in our law on surrogate motherhood, namely the lack of objective criteria for evaluating the suitability of a surrogate mother. The recent case of Ex Parte KAF – a case in which a surrogate motherhood agreement confirmation application was dismissed by the Johannesburg High Court – demonstrated how this lacuna can cause conceptual disjunction between the court and the clinical psychologist who evaluates the candidate surrogate mother. The solution suggested in this article is (...) that clinical psychologists who evaluate candidate surrogate mothers should give urgent and careful thought to identifying such objective criteria, and start explicitly articulating these criteria in the reports that they file in surrogate motherhood agreement confirmation applications. This practice will give the court the opportunity to engage with such criteria and to develop precedents in this regard. (shrink)

This article considers the practical question of how research institutions should best structure their legal relationship with the human genomic data that they generate. The analysis, based on South African law, is framed by the legal position that although a research institution that generates human genomic data is not automatically the owner thereof, it is well positioned to claim ownership of newly generated data instances. Given that the research institution exerts effort to generate the data, it can be argued that (...) it has a moral right to claim ownership of such data. Combined with the fact that it has an interest in having comprehensive rights in such data, it appears that the prudent policy for research institutions is to claim ownership of the human genomic data instances that they generate. This policy is tested against two opposing policy positions. The first opposing policy position is that research participants should own the data that relate to them. However, in light of data protection legislation that already provides extensive protections to research participants, bestowing data ownership on research participants would offer little benefit to such individuals, while leading to significant practical problems for research institutions. The second opposing policy position is that the concept of ownership should be abandoned in favour of data custodianship. This opposing position is problematic, as avoiding reference to ownership is a denial of legal reality and hence not a useful policy. Also, avoiding reference to ownership will leave research institutions with limited legal remedies in the event of appropriation of data by third parties. Accordingly, it is concluded that the wisest policy for research institutions is indeed to explicitly claim ownership of the human genomic data instances that they generate. (shrink)

This article points out a problematic lacuna in our law on surrogate motherhood, namely the lack of objective criteria for evaluating the suitability of a surrogate mother. The recent case of Ex Parte KAF – a case in which a surrogate motherhood agreement confirmation application was dismissed by the Johannesburg High Court – demonstrated how this lacuna can cause conceptual disjunction between the court and the clinical psychologist who evaluates the candidate surrogate mother. The solution suggested in this article is (...) that clinical psychologists who evaluate candidate surrogate mothers should give urgent and careful thought to identifying such objective criteria, and start explicitly articulating these criteria in the reports that they file in surrogate motherhood agreement confirmation applications. This practice will give the court the opportunity to engage with such criteria and to develop precedents in this regard. (shrink)

In a recent public engagement study on heritable human genome editing (HHGE) conducted among South Africans, participants approved of using HHGE for serious health conditions—viewing it as a means of bringing about valuable social goods—and proposed that the government should actively invest resources to ensure everyone has equal access to the technology for these purposes. This position was animated by the view that future generations have a claim to these social goods, and this entitlement justified making HHGE available in the (...) present. This claim can be ethically justified in the Ubuntu ethic (deriving from South Africa) as it (a) emphasizes the interests of the community, and (b) espouses a metaphysical conception of the community that transcends the present generation and includes past and future generations. On this basis, a compelling claim can be made on behalf of prospective persons in favor of equal access to HHGE. (shrink)

The Theodotian Susanna has been studied by various scholars in various ways. Each attempt to give some meaning to this narrative has a different emphasis from a text, context or receiver based angle. This paper presents a mixture of text and context based angles. It focuses on the different spaces in Theodotian Susanna, that is, the house, garden, court and finally heaven. Each of these spaces is contested, but there can only be one victor.

This article aims to present a brief historical overview of interpretative theories and methods relevant to those books that are included in either the Protestant Apocrypha or the Catholic Deuterocanonical in the LXX (Septuagint) for the period 1891–2020. The aim of the article is not to give a complete description of all research on apocryphal/deuterocanonical books. The author’s journey with the relevant literature commenced in 2006, when he was appointed as one of the translators of apocryphal texts for a new (...) edition of the new Afrikaans Bible (2020). Initially, he felt trapped as if in a maze. However, as his research progressed and as he met and talked to LXX experts at that stage, the road began to seem less of an obstacle and more like a challenge. One of the important aspects that he discovered was that not every text in the LXX has a so-called Hebrew Vorlage. Although the author describes different approaches used to interpret LXX material, for example historical-grammatical methods, his focus is on South African LXX research that has made a unique contribution to the previous and existing research, especially by the researchers of the North-West University. Contribution: The article briefly discusses several researchers who have made unique contributions to the LXX apocryphal/deuterocanonical research during the last decade. These scholars utilised different methods to interpret the LXX texts – methods that were not previously employed regularly if at all, for example narratology and narrative theory, cognitive linguistics, cultural anthropology, semiotic theory, rhetorical theory and performance theory. (shrink)

A complex network of ethico‐legal rules makes it difficult for health researchers in South Africa to lawfully recruit adolescents to the kinds of sensitive studies where it may be ethically appropriate to proceed without notifying parents or obtaining parental consent. This article responds to a recent proposal to amend the blanket requirement for mandatory parental consent presently contained in section 71 the South African National Health Act 61 of 2003 [NHA]. The proposed amendment is intended to bring the NHA into (...) alignment with South Africa's 2015 Department of Health Guidelines on Ethics in Health Research by permitting greater flexibility for a health research ethics committee to waive parental consent, and permit adolescents to consent independently. A lacuna in this proposal is highlighted with reference to the requirements of South Africa's Protection of Personal Information Act 4 of 2013 [POPIA]: Even if the NHA is amended as proposed, the goal of aligning South African law with prevailing ethics norms in South Africa would not necessarily be attained, as parental consent may still be required by POPIA. This article investigates whether this goal (of aligning the law with ethics) can be attained in a way that is compliant with POPIA. It is concluded that this is indeed possible in a number of ways, and that the best way to attain this goal is by requesting the South African Information Regulator to issue a guidance note to the effect that all health research projects that are approved by institutional health research ethics committees are to be regarded as being in the public interest, which would qualify such health research projects to be exempted from POPIA's consent requirements. (shrink)

This article considers the affinities in the socio-political thought of Emmanuel Levinas and Richard Rorty. The writings of both display considerable concern for the suffering of others. Both authors note the importance of a self-critical subject becoming more aware of its own injustice as very important for recognizing our responsibilities to others. Furthermore, both stress the importance of recognizing the other outside of the usual, objectifying categories, since it is the uniqueness of the other that reminds us of our responsibility (...) for the other. Both writers view the liberal state as the best political forum in which to realize a fuller recognition of and responsibility towards the other, a form of state in which the ethical constantly interrupts the political. Rorty and Levinas disagree, however, on the legitimacy of not responding to the other. Key Words: Critchley • irony • justice • Levinas • liberal state • other • responsibility • Rorty • sentimental education. (shrink)

Having been struck by the Levinasian aspects of J.M. Coetzee's Age of Iron, this article tries to ‘reveal' Coetzee's novel as a Levinasian narration of how the other ruptures a specific subject's self-regarding egoism, leading the subject to take up its responsibility for the other. Throughout, the concreteness and realism of the novel is considered supplementary to the abstraction of Levinas's philosophical thought. It is demonstrated how the main character in Age of Iron, Elizabeth Curren, is confronted by the other (...) as a face, has her right to be put into question by the other, experiences guilt for her usurpation of the place of the other, which becomes positive in her assuming responsibility for the other. In awakening to the other, Curren moves from a Heideggerean concern with her own death (she is dying of cancer) towards a Levinasian prioritising of the other's life over her own. Her coming into contact with the political violence and oppression of late 1980s South Africa adds to and focuses her expiation for the other. S. Afr. J. Philos. Vol.24(1) 2005: 22-32. (shrink)

The view of the deity and the people in 2 Maccabees seems to be a dynamic rather than a stagnant relationship. On the one hand, the deity sometimes punishes his people through the enemy. However, in other instances, he defends them against the same enemy. In this sequence of events, the ‘Heliodorus scene’ in 2 Maccabees 3 is quite unique. A protagonist and his helpers (a man on a horse and two youths) as well as an antagonist and his helpers (...) (Heliodorus and his bodyguard) can be shown. Minor, seemingly insignificant players – the ‘widows and orphans’ – are also found. Doran states that mentioning them in this scene is possibly a rhetorical ploy and refers to LXX Psalms 67:6 (Ps 68:5) as possible background. However, Doran, unfortunately, does not investigate LXX Psalms 67 further. Upon closer inquiry, this text might show an interesting context for the Heliodorus scene and the making of the people. It demonstrates how ‘the people’ should conduct themselves, the role of the sanctuary, and if one can expect the deity to get involved. Contribution: This is a new contribution as the relationship between LXX Psalms 67 and 2 Maccabees 3 has never been looked at in this way. (shrink)

This article deals with a highly debated text, namely 2 Maccabees 12, specifically the problematic verses (38–45) which contain a theology that is distinctly non-Jewish in import. Indeed, most recent scholars concerned with this passage do not seem to be unanimous apropos the best interpretation of the events that are described, resulting in a range of different opinions concerning, inter alia, the afterlife, purgatory and/or doctrinal disputes between Pharisees and Sadducees. By means of an interpretivist or constructivist epistemology, the authors (...) advocate that normally, traditional Judaism emphasises personal, individual responsibility and accountability, whereas in this text God is portrayed as requiring material, financial payment for wrongdoing and not individual תשובה [teshuvah]. This is in contradistinction to, inter alia, Exodus 30:11–16 and theologically Jewish ‘transgression’ has clearly metamorphosed into Christian ‘sin’. In addition, Judas Maccabeus seems to have retained a half-shekel methodology (employed for Jewish men of military age – soldiers) whilst emphasising the ‘atonement for your lives’ from Exodus 30:11–16 in a more literalistic, materialistic, non-Jewish sense whilst de-emphasising the real need to maintain the Temple as well as the proper, traditional rules of תשובה. (shrink)

Given the strong mimetic and dramatic qualities found in Judith the authors make the suggestion that perhaps, before LXX Judith became a fixed, written text, the basic fabula might well have been part of an oral tradition. The authors accept that an appropriately written dramatic work, whether transmitted through reading or an oral presentation, by means of its performative qualities, has the potential to achieve immediacy. Here, the audience may become captivated with its own familiarity and memory of popular, communally (...) shared narratives. Accordingly, this article attempts to find evidence in the Greek text of LXX Judith for a possible oral precursor. In this context, corroboration is sought for the employment of verbal aspect and mood of the Greek language as well as instances of drama, theatrics, bodily gestures, mnemonic devices or special emphasis on the employment of the senses such as sight, taste and smell. The authors suggest that based on an analysis of the text of Chapter 13, there is much circumstantial evidence for the Judith fabula once being an oral narrative – one that embodies the dramatic and even encourages audience participation. This characteristic strongly suggests the removal of the fourth wall – the notion of an imaginary boundary between any fictional work and its audience. Contribution: This article shows that Judith 13 is indeed the climax of the narrative. However, it goes further. It is a vivid scene with various performative aspects. There are props, dialogue and audience participation. This research is cutting-edge and paves the way for new explorations. (shrink)

The Septuagint Book of Judith and its derivatives have had an enormous influence on the history of Western Europe and the Christian church. Judith has been employed in various situations to incite violence against a perceived opposition. In this regard, this article focuses on the climax of this book (Jdt 13:1–9) as performance text. In this context, many of the insights proffered by Perry in his seminal work Insights from Performance Criticism (2016) have been expanded upon from the perspective of (...) a Greek and/or Hellenistic environment.Contribution: The value of reading LXXJudith as performance is clearly demonstrated. The conclusion is reached that this pericope is indeed highly subversive. Suggestion is also made that, contrary to more conservative wisdom, with reference specifically to LXXJudith 13:1–9, the Judith fabula is not really reconciliatory in nature. Rather, it seems to provoke conflict between competing powers. (shrink)

WHO in 2019 established the Advisory Committee on Developing Global Standards for Governance and Oversight of Human Genome Editing, which has recently published a Draft Governance Framework on Human Genome Editing. Although the Draft Framework is a good point of departure, there are four areas of concern: first, it does not sufficiently address issues related to establishing safety and efficacy. Second, issues that are a source of tension between global standard setting and state sovereignty need to be addressed in a (...) more nuanced fashion. Third, it fails to meaningfully engage with the extent to which the conceptualisation of human dignity may justifiably vary between jurisdictions. Fourth, the meaning of harm to the interests of a future person requires clarity. Provided these four areas of concern can be addressed, the future of the global governance of human genome editing may hold promise. (shrink)

The events in the introduction to 2 Maccabees (2 Macc 3:1–39) undoubtedly centre round the Jerusalem Temple. It is depicted as world-renowned, holy and just. Many scholars have therefore highlighted the theme of the Temple in 2 Maccabees, introduced by 2 Maccabees 3. Yet, the reason for the Temple’s centrality is not traditionally seen as more than a mere link to the rest of the narrative. This article, however, asks the question: Why is the author incorporating the Temple in such (...) a specific manner? What is the impact on the implicit reader of this specific depiction of the Temple? In other words, how is the implicit reader’s experience throughout the rest of the narrative influenced by the events in this introduction? To answer these questions, the article identifies six scenes in 2 Maccabees 3 and applies a rhetorical analysis in order to establish the communicative strategy and its possible impact on the implicit reader. (shrink)

This article addresses the highly disputed distribution of roles in the story of Susanna. Susanna consists of a number of actors of whom only a few such as Susanna, the two elders, the Jewish people and Daniel are directly related to the central action of the story. With regard to the roles of these actors in the story however, a question arises: Who is the subject of the story of Susanna? Most scholars question the attribution of the role of subject (...) to Susanna. Their contention however, has not yet been sustained by convincing evidence stemming from the use of a suitable method. This study attempts to fill this gap by using the Greimassian approach to narratives, as refined by Everaert-Desmedt. The approach comprises three levels of analysis: the figurative, the narrative and the thematic. The contribution focuses only on the narrative level of analysis, particularly on the actantial model because the main role of this structure is to reveal different functions of actors called here actants. It is the contention here that following the actantial model of the Greimassian approach of analysis, Susanna emerges as the subject of the main concern of the story. (shrink)

This study critically examines the concept of benefit‐sharing in the context of health research involving human participants in South Africa, identifying a significant gap in the precision and application of terminology. It introduces a new terminological framework designed to provide clarity and facilitate standardisation in both national and international discourse on benefit‐sharing. The analysis extends to the complex legal landscape in South Africa, highlighting the nuances of mandated, permitted, and prohibited practices of benefit‐sharing across various statutes. This reveals substantial implications (...) for ethics committees, researchers, and participants, emphasising the need for a legal and ethical recalibration. Furthermore, the manuscript critiques South Africa's main ethics instruments for their inadequate guidance on benefit‐sharing and proposes recommendations for enhancing the Department of Health's ethics guidelines. By advocating for a coherent, legally informed approach to ethical decision‐making, the study underscores the need for integrating the proposed framework and legal insights into ethics guidelines. This comprehensive strategy aims not only to advance ethical practices within South Africa but also to contribute significantly to the global discourse on benefit‐sharing in health research. (shrink)

Background This paper examines the degree of agreement among simple dichotomous self-report, validated screening results, and biochemical screening results of prenatal alcohol and other drug use among pregnant women. Method Secondary analysis was conducted on a cohort of pregnant women 16 years or older, presenting for prenatal care in the greater Cape Town, South Africa. Dichotomous verbal screening is a standard of care, and pregnant patients reporting alcohol and other drug use in dichotomous verbal screenings were asked to engage in (...) screening using the Alcohol Smoking and Substance Involvement Screening Test and urinalysis. Results Significant agreements between dichotomous and ASSIST scores were observed. A higher rate of self-reported alcohol use was detected, relative to urine screening with a predictive value of 34.9; while underreporting of illicit substance use was observed with an overall predictive value of 50.0. Conclusion Dichotomous verbal screening was considered valid after comparison with the ASSIST; however, combined use with urine screenings can be recommended especially for identifying illicit substance use in order to accurately detect alcohol and other drug use in pregnancy, so that women can be identified and referred for appropriate interventions where needed. (shrink)

Artificial intelligence (AI) will drastically change the healthcare system. Radiology is one speciality that is most affected as AI algorithms are increasingly used in diagnostic imaging. AI‐enhanced health technologies will, inter alia, increase workflow efficiency, improve diagnostic accuracy, reduce healthcare‐related costs, and help alleviate medical personnel shortages in under‐resourced settings. However, the development of AI‐enhanced technologies in healthcare is fraught with legal, ethical, and human rights concerns. Currently, the use of AI in South African healthcare is not governed by sui (...) generis legislation or ethical guidance focused exclusively and specifically on AI, although various provisions and principles from law and ethics find application. This article outlines these normative principles and explains their relationship with the extant legal obligations and regulatory framework as applied to the use of AI in radiology services in South Africa. The article concludes with three key recommendations for radiology practitioners using AI in South Africa. These are the need for: vigilant monitoring of AI use in practice, reforms to the liability framework, and appropriate guidance from local regulators and the Health Professions Council of South Africa on the ethical use of AI. (shrink)

An amendment to this paper has been published and can be accessed via the original article.

The structuring of the narrative with characters assigned to fulfil particular roles is often indicative of an author’s possible intent. Thus, characterisation, in a story, is not neutral about its rhetorical intent; it generally reveals cultural values that the author or editor desires to either promote or reject, within a community. Judith seems to support this claim, in relation to the issue of Jewish leadership within the narrative. In more recent years, Judith has attracted the attention of many scholars and (...) accordingly, a number of intuitive contributions have already been made to this particular area of research. However, the story is still capable of yielding far more detail concerning, inter alia, the blunders made within the Jewish religious leadership at the time. In this regard, this article attempts to uncover the real concern about the nature of Jewish leadership as encapsulated in the narrative of Judith using a Greimassian semiotic approach. Following the results from the analysis, the article contends that in the context of the narrative, Judaism not only suffered adversity from external forces but also from within, because of the deficiency of its own leadership. For this reason, an alternative leadership personified by Judith, rooted in spiritual values, was desired. (shrink)

Bonginkosi Shozi and Donrich Thaldar’s (2023) contribution is relevant to epistemic justice, which involves efforts to develop an inclusive and global bioethics that takes seriously perspectives fr...

How are we to make theological sense of the Covid-19 pandemic? In response to the viewpoint of Wilhelm Jordaan as expressed in a popular newspaper that it is foolish to understand Covid-19 as God’s punishment or nature’s way for restoration, it is critically argued that Jordaan mostly helps us with what not to think, but not so much with what to think of the current situation from a Christian theological perspective. The theological perspective that is presented in response (...) to Jordaan takes as the vantage point a different interpretative line of an image of God over against more popular and established lines of God images such as God the Almighty. It is argued that the different God image of a ‘silent God’ and the need for wisdom that is prompted by the image challenges us here and now with an invitation to take responsibility for the Covid-19-pandemic before a silent God.Contribution: This article represents original systematic-theological reflection on the doctrine of God and anthropology within contemporary theology-science discourses. It focuses on a Christian biblical neglected God image of a ‘regretting/sorrow God’ in relation to embodied personhood within the current Covid-19 pandemic. It proposes a newly formulated understanding of a ‘silent God’ on the one hand and human self-responsibility and the seeking of wisdom on the other hand. (shrink)

In this paper I seek to critically examine UCT’s and CCT’s and consider how a Levinasian ethics might offer normative guidelines to evaluate such aid programmes. Such an analysis will serve to both critique and supplement the traditional utilitarian analyses of such programmes. In so doing, this paper also hopes to contribute to the business ethics literature in which a Levinasian ethics may be brought to bear on real world problems. I proceed by enlisting Jordaan who argues that a (...) Levinasian ethical politics can be instantiated in institutional designs by allowing a more complex representation of the other’s alterity. Two UCT programmes are interrogated in light of this finding – the first, a UCT programme in a community in Vietnam; the second, a joint CCT/UCT programme targeting adolescent girls in Malawi, designed to test the efficacy of conditionality to achieve certain. (shrink)