LLM in Medical Law Cum Laude for SA Military Health Service Doctor

Dr Carmel Naidoo.
Master of Laws in Medical Law cum laude graduate, Dr Carmel Naidoo.

Dr Carmel Naidoo (28), a medical doctor currently serving within the South African Military Health Service, graduated with a Master of Laws in Medical Law cum laude.

“As a doctor, you are taught that all roads lead toward specialising. However, for me, that path took a different form. My decision stemmed from exposure to our frail healthcare system during the global COVID-19 pandemic, where I realised that beyond preserving life, preserving the bodily dignity of the patient is equally vital in the holistic approach to healthcare, especially in the public sector,” said Naidoo.

“This is especially true in the public sector, where our vulnerable populations need advocates to speak on their behalf. My interest centred on protecting patients’ right to healthcare, and on identifying where medical practitioners must take accountability for the care they provide,” said Naidoo.

‘The Use of the Trade-Related Aspects of Intellectual Property Rights Flexibilities to Overcome the Challenges of the mRNA Technology Transfer Hub in South Africa’ was the title of Naidoo’s study, supervised by Dr Paul Ogendi. It explored the intersection of intellectual property rights, public health, and access to medicines.

“This study is one of the few to directly connect international intellectual property law (TRIPS flexibilities) with the very practical, urgent needs of the mRNA hub in South Africa, which was created to address vaccine inequality after COVID-19. I believe that it positions South Africa not just as a consumer of global health technologies, but as a potential leader in local innovation and equitable technology transfer,” said Naidoo.

The study found that although the TRIPS Agreement contains flexibilities designed to protect public health and improve access to medicines, these tools remain underutilised in South Africa, leaving the mRNA hub vulnerable to patent monopolies, restrictive global politics, and a lack of industry know-how. 

“The central question was whether TRIPS flexibilities could be leveraged to overcome the legal and patent barriers that hinder the mRNA hub’s objectives. The study showed that the problem is not the absence of legal mechanisms, but the failure to implement them effectively at the domestic level. At its heart, this research argues that protecting and advancing the objectives of the mRNA hub is not only a matter of public health policy, but of upholding human dignity, access, equality, and justice,” said Naidoo.

Naidoo is currently pursuing a Master of Business Administration (MBA) in Healthcare Leadership, with aspirations of undertaking a PhD in Global Health Governance.

“I have developed a keen interest in the role of artificial intelligence in healthcare, particularly the importance of ethical and regulatory oversight to ensure its implementation promotes equitable access for all. My long-term vision is to establish myself as a global healthcare leader, working at the intersection of law, access, policy, and healthcare,” said Naidoo. 

Words: Thandiwe Jumo

Photograph: Sethu Dlamini