The legal and ethical framework governing organ donation in South Africa was the focus of Master of Laws (LLM) in Medical Law graduate Ms Therina Rangasamy’s research, titled: ‘The Shortage of Organs for Transplantation: Possible South African Solutions with Particular Focus on the ‘Opt-Out System.’
Supervised by Professor Brigitte Clark, the study focused on the legal and ethical framework governing organ donation in South Africa with chapter eight of the National Health Act and the implications of developments in areas such as human tissue and stem cell research under particular scrutiny.
“What drew me to the topic was how closely organ donation brings together questions of law, medicine, ethics, and human dignity. It raises important considerations around autonomy, consent, individual rights, and the interests of society as a whole,” Rangasamy said.
She added that as organ donation was not merely a legal or medical issue but rather a deeply human one, decisions surrounding the donation and use of human tissue involved questions of dignity, autonomy, consent, family interests, and the protection of vulnerable individuals.
“I hope that my research contributes, even in a small way, to the continuing discussion around whether South Africa’s legal and regulatory framework is sufficiently responsive to developments in medical science.”
“As medicine advances, the law has to remain capable of protecting individual rights while also allowing responsible scientific and medical progress. The value of research is not necessarily measured by whether it produces a dramatic discovery. Sometimes its value lies in asking difficult questions and encouraging further discussion about whether the law is keeping pace with society and science,” she said.
Achieving the qualification was close to Rangasamy’s heart, as she had lost her grandfather at the end of 2024 while writing her dissertation.
“I shared a very special and close bond with my grandfather, who passed away at the age of 90. His absence is always felt, but particularly during milestones such as this, and I dedicated this achievement to him. It is my way of honouring the role he played in shaping the person I have become and carrying forward his legacy.”
Words: Thandiwe Jumo
Photograph: Sethu Dlamini