1. Organ Donation in
South Africa
ADVANTAGES AND DISADVANTAGES

2. Definition of Organ Donation
• is the donation of
of the human body, from a
OR
to a living recipient in need of a transplantation

3. The law on organ donation in South
Africa
• Human Tissue Act, 65 of 1983
– Section 19 stipulates that “any tissue …removed or withdrawn from
the body of a living person shall, subject to the regulations, only be
used for medical or dental purposes.
– Section 28 provides that “only a person or institution authorised in
terms of the Act, and for purposes stipulated in the Act, may receive
payment in respect of the acquisition or supply of any human tissue
for or to another person. The section further stated that any unlawful
payment received would be refundable to the person who made it.”
• National Health Act, 61 of 2003
– Offences and penalties – Section 34(a) provides that “any person who
breaches a provision in the Act shall be guilty of an offence and liable
on conviction to a fine not exceeding R 2 000.00 or to imprisonment
for a period not exceeding 1 year, or to both that fine and that
imprisonment”.

4. The Human Tissue Act v. the National
Health Act
• Provisions of the National Health Act not in force yet:
– Restrictions regarding payment in connection with the importation,
acquisition or supply of tissue
– Penalties for donors of tissue who receive financial or other rewards
except for reimbursement for reasonable costs incurred to provide the
donation
– Penalties for recipients of tissue who pay financial or other rewards to
donors, except for the reasonable costs associated with the donation
– A prohibition against the transplantation of organs into persons who
are not South African citizens or permanent residents of the Republic
without the Minister’s authorisation in writing.
• As a result of this, the Human Tissue Act is therefore still
applicable where these provisions have not been proclaimed

5. Advantages
• One person can save up to 15 lives
• Society’s Interests
– major advantages of organ transplantation is that people who had
previously been chronically ill and in hospital much of the time, can
become productive members of society once more
– Saves medical costs
– If one receives an organ donation, it reduces one having to go for
continuous treatment (chronic)

7. Disadvantages
• Inappropriate application of legislation in
South Africa
• Exchange rate between South African Rand
and the American Dollar provides recipients
with true value for money when it comes to
buying body organs
• South Africa has “First-World medicine at
Third-World prices”

8. Disadvantages
• One heart, two patients: who gets a donor
organ

9. Disadvantages ….contd
• The need for organ donors has vastly
outweighed the availability – desperate
shortage
• Reason for lack of donors - cultural
beliefs, fear, misconceptions and lack of
education or information about organ
donation
• There are currently 1,400 patients awaiting
organ transplants and 3,000 awaiting cornea
transplants

10. Would you trust
this surgeon if
this is how he Disadvantages
tells the organs
apart?

11. Conclusion