Since the early 20th century, bioethics in South Africa has moved through several stages, responding to the same forces and developments as elsewhere, for example in the United Kingdom and United States. In addition, some unique developments in South Africa, for example the death of Steve Biko (the Black Consciousness leader), the HIV/AIDS pandemic, and a peaceful transition to democracy with increased focus on human rights have given bioethics in South Africa its own dimension. Bioethics in South Africa reflects the general concerns of the field elsewhere, but it also stands at the intersection of the concerns of both developed and developing worlds. Thus, issues such as resource allocation, HIV/AIDS, and medical research take on an urgency and character that reflect South Africa's particular historical, geographical, and social conditions.1
Benatar SR. Transition towards a new South Africa. South African Medical Journal 1992;81:295–8; Van Rensburg HCJ. Health and health care in South Africa in transition: A macro perspective. Acta Academica 1999;31(1):1–26; Van Rensburg HCJ, Benatar SR. The legacy of apartheid in health and health care. South African Journal of Sociology 1993;24(4):99–111; Van Rensburg HCJ, Benatar SR. Africa—history. In: Lock S, Last JM, Dunea G, eds. The Oxford Illustrated Companion to Medicine. Oxford, UK: Oxford University Press 2001:14–8.
Background
The South African Medical and Dental Council (SAMDC), a statutory body, was established in 1928 with the primary purpose of protecting the public through the maintenance of high professional (including ethical) standards of practice, and with a view to serving the interests of the medical and dental professions—insofar as these interests are compatible with high standards. The wide range of powers vested in SAMDC included the power to institute inquiries into any complaint, charge, or allegation of improper or disgraceful conduct of its members and to exercise disciplinary power over them.
As in most other Western countries in the first 60 years of the 20th century, discussions on medical ethics in South Africa largely took place within the framework of the authoritarian, beneficent, paternalistic behavior expected of professionals supposedly adhering to the Hippocratic Oath and similar codes. The first South African text on medical ethics was limited to discussion of ethics' codes, professional secrecy, advertising, the conduct of consultations, fees and financial matters, and upholding the “traditions” of medicine, with only brief reference to abortion and sterilization and to the ethics of investigative medicine. This text, based on Professor Guy Elliot's experience of deliberations on ethical matters by the Medical Association of South Africa (MASA) and the SAMDC, provides a succinct outline of accepted medical ethics in South Africa (and in many Western countries) in the first half of the 20th century.2
Elliot GA. Medical Ethics. Johannesburg: Witwatersrand University Press; 1954.
Rebirth of Bioethics in South Africa
In South Africa, as in the United States, theologians played a pioneering role in reawakening an interest in bioethics; several conferences were held in South Africa in the 1960s and 1970s under church or theological auspices. The first, stimulated by the historic heart transplant in Cape Town in December 1967, was on the ethics of tissue transplantation.3
Oosthuizen GC. The Ethics of Tissue Transplantation. Cape Town: Howard Timmins; 1972.
Oosthuizen GC, Abbot G, Notelovitzt M. Great Debate: Abortion in South Africa. Cape Town: Howard Timmins; 1974.
Oosthuizen GC, Shapiro H, Strauss S. Euthanasia. Cape Town: Oxford University Press; 1978.
Oosthuizen GC. Professional Secrecy in South Africa: A Symposium. Cape Town: Oxford University Press; 1983.
Oosthuizen GC. Attitudes to Clinical Experimentation in South Africa. Johannesburg: Hodder & Stoughton; 1985.
A Milestone Event in Bioethics in South Africa
A milestone event that did evoke public interest in medical ethics in South Africa was the Steve Biko case. Failure of the SAMDC to exercise its duty to protect the public by acknowledging the unethical behavior of state-employed medical practitioners toward Biko prior to his death during detention without trial in 1977 and failure to take appropriate disciplinary action against them met with resounding criticism nationally and internationally.8
Nightingale EO, Hannibal K, Geiger J, Hartman L, Lawrence R, Spurlock J. Apartheid medicine: Health and human rights in South Africa. JAMA 1990;264:2097–102; Benatar SR. The South African Medical and Dental Council: Some proposals for change. South African Medical Journal 1990;78:179–80.
Jenkins T. The organised medical profession on trial. South African Journal of Human Rights. 1986;2:236–41; see note 8, Benatar 1990:179–80.
Benatar SR. Ethics, medicine and healthcare in South Africa. Hastings Center Report 1988;18:3–8.
The National Medical and Dental Association (NAMDA), formed in 1982 as a result of discontent with MASA's actions following the death of Steve Biko, received international acclaim for its outspoken advocacy against discriminatory practices. MASA, which came under considerable criticism for its inadequate reactions to the Biko affair, subsequently, to its credit, took some steps in an attempt to rectify its previous shortcomings. (MASA and NAMDA have subsequently amalgamated into what is now the South African Medical Association [SAMA].) The statements about medical ethics made by MASA following the Biko affair are part of the public record, and the ongoing challenge is to ensure their implementation in practice. Greater attention to ethical responsibilities toward prisoners, detainees, and hunger strikers was another gratifying response to the Biko case.11
Jenkins T. Ethical issues in the medical care of prisoners and detainees. South African Journal of Continuing Medical Education 1987;April 5:40a–49; Jenkins T. The health care of detainees—The law, professional ethics and reality. South African Medical Journal 1988;74:436–8; Benatar SR. Detention without trial, hunger strikes and medical ethics. Law, Medicine & Health Care 1990;18:140–5; Kalk WJ, Veriava Y. Hospital management of voluntary total fasting among political prisoners. Lancet 1991;337:660–2; Benatar SR. Ethical responsibilities of health professionals in caring for detainees and prisoners. South African Medical Journal 1988;74:453–6.
Miles SH. Abu Ghraib: Its legacy for military medicine. Lancet 2004;364:725–9; Singh JA. American physicians and dual loyalty obligations in the “war on terror.” BioMed Central. Available at: http://www.biomedcentral.com/1472-6939/4/4 (accessed June 23, 2005).
Bioethics Education at Medical Schools
In the late 1970s and early 1980s, some medical schools in South Africa began developing modern bioethics education programs, but progress has been slow and somewhat erratic. Generally, such programs remain in a fledgling state, dependent on enthusiastic physicians who have heavy professional responsibilities and minimal training in philosophy or the humanities, and with inadequate financial and institutional endeavors to develop formal programs with committed support from other disciplines (e.g., philosophy, sociology, law). The importance of transdisciplinary cooperation was recognized, and at the University of Cape Town the Bioethics Centre included faculty from several disciplines.13
Benatar SR. Transdisciplinarity: A personal odyssey. In: Transdisciplinarity: Recreating new knowledge. Somerville MA, Rapport DJ, eds. Oxford, EOLSS Publishers; 2000:71–8; Benatar SR. Practicing transdisciplinarity: The health sector. In: Transdisciplinarity: Recreating new knowledge. Somerville MA, Rapport DJ, eds. Oxford, EOLSS Publishers; 2000:235–8.
In 2003, The University of the Witwatersrand, whose medical school was the first to begin teaching the new medical ethics to undergraduates in the late 1970s, created a Division of Bioethics with a full-time post for a bioethicist in its Faculty of Health Sciences.14
Division of Bioethics. University of the Witwatersand. Available at: http://www.health.wits.ac.za/bioethics/.
Schüklenk U, Ashcroft R. International research ethics. Bioethics 2000;14:158–72; Schüklenk U, ed. AIDS: Society, ethics and law. Dartmouth: Aldershot; 2001; Schüklenk U, Ashcroft R. Affordable access to essential medication in developing countries: Conflicts between ethical and economic imperatives. Journal of Medicine & Philosophy 2002;27(2):179–95; Schüklenk U. Professional responsibilities of biomedical scientists in public discourse. Journal of Medical Ethics 2004;30:53–60; Schüklenk U. The standard of care debate: Against the myth of an “international consensus opinion.” Journal of Medical Ethics 2004;30:294–7.
Landman WA, Schuklenk U, eds. Developing World Bioethics. Oxford: Blackwell; 2001.
The University of Cape Town (UCT) Medical Faculty initiated a new course in bioethics for undergraduates in the early 1980s. Regular postgraduate educational activities followed and the undergraduate program continues to be modified and developed. Several faculty symposia have been held and the proceedings published.17
Benatar SR, ed. Ethical and Moral Issues in Contemporary Medical Practice. Proceedings of a University of Cape Town Faculty of Medicine Symposium. Cape Town: University of Cape Town; 1985; Benatar SR, ed. Medical Ethics: Some Philosophical Considerations. Proceedings of a University of Cape Town Faculty of Medicine Symposium. Cape Town: University of Cape Town; 1986; Benatar SR, ed. Medical Ethics. Proceedings of a University of Cape Town Faculty of Medicine Symposium. Cape Town: University of Cape Town; 1988; Benatar SR, ed. Bioethics Debates in a Changing South Africa. Proceedings of a University of Cape Town Faculty of Medicine Symposium. Cape Town: University of Cape Town; 1992; Benatar SR, ed. Human Needs, Human Rights, Gender and Medical Ethics. Proceedings of a University of Cape Town Faculty of Medicine Symposium. Cape Town: University of Cape Town; 1996.
Benatar SR. Rationally defensible standards for research in developing countries. Review of “Double Standards in Medical Research in Developing Countries” by Ruth Macklin. Health and Human Rights 2004;8(1):197–202; Benatar SR. Towards progress in resolving dilemmas in international research ethics. Journal of Law, Medicine and Ethics 2004;32(4):574–82.
Other universities have also been active. The University of Stellenbosch has a long-standing successful post-graduate program in applied ethics (including medical ethics), based in the Department of Philosophy, and faculty have published several books on ethical issues.19
Hattingh J, ed. Genetic Engineering in Ethical Perspective. Stellenbosch: Unit for Bio-medical Ethics of the University of Stellenbosch; 1992; Van Niekerk A. Health Care as Human Right. Stellenbosch: University of Stellenbosch; 1991; Van Niekerk A. ed. The Status of Prenatal Life. Cape Town: Lux Verbi; 1991; Van Niekerk A, ed. AIDS in Context. Cape Town: Lux Verbi; 1993.
Stellenbosch University Bioethics Unit. Available at: http://academic.sun.ac.za/health/support_services/research/ethics/mainpage.html.
McQuoid Mason DJ, Dada MA, eds. Introduction to Medico-Legal Practice. Durban: Butterworths; 2001.
Centre for the AIDS Programme of Research in South Africa. Available at: http://www.caprisa.org.
Health Professions Council
The Health Professions Council of South Africa (HPCSA) is the statutory body responsible for licensing and disciplining members of the medical professions, including doctors and dentists in the new South Africa. The HPCSA gives professional guidance on bioethics issues by publishing and distributing a series of booklets on general ethical guidelines for health professionals and medical researchers, as well as more specific guidelines on a range of ethical issues such as confidentiality, informed consent, HIV/AIDS, and perverse incentives.23
Health Professions Council of South Africa. Ethics Guidelines. Available at: http://www.hpcsa.co.za.
The HPCSA is also responsible for the Continuing Professional Development program for doctors, dentists, and other health professionals. In addition to ongoing education in their area of medical activity, doctors and dentists, for example, need to acquire two ethics points per calendar year, each point representing a 1-hour contact educational session. Accredited institutions, such as medical schools, administer this ethics program, in terms of both quality control and delivery of educational sessions, on behalf of the HPCSA.
Ethics Institute of South Africa
The inauguration of the Ethics Institute of South Africa (EthicSA), an institution independent of all universities, other public organizations, and the private sector, is another important milestone in promoting applied ethics in South Africa.24
Ethics Institute of South Africa. Available at: http://www.ethicsa.org.
Landman WA, Mouton J. A Profession under Siege? Medical Practice and Ethics. Ethics Institute of South Africa Research Report No. 1. Pretoria: Ethics Institute of South Africa; 2001. Available at: http://www.ethicsa.org.
Landman WA, Mouton J, Nevhutalu KH. Chris Hani Baragwanath Hospital Ethics Audit. Ethics Institute of South Africa Research Report No. 2. Pretoria: Ethics Institute of South Africa; 2001. Available at: http://www.ethicsa.org; Landman WA, Mouton J, Nevhutalu KH. Universitas Hospital Ethics Audit. Ethics Institute of South Africa Research Report No. 4. Pretoria: Ethics Institute of South Africa; 2002. Available at: http://www.ethicsa.org.
Research Ethics
Medical Schools
All medical schools have had research ethics committees (RECS or IRBs) for many years. These have been staffed predominantly by senior faculty who have not had any formal training in ethics or research ethics. In recent years, there has been a trend toward a wider spread of committee members. In addition, specific educational programs have aimed at building the capacity required to participate actively in reviewing international collaborative research with a view to avoiding exploitation and enhancing benefits for research subjects and their communities. (See below.)
South African Medical Research Council (MRC)
Guidelines on the ethics of medical research were first formulated by the MRC in 1979. These were subsequently updated in 1987, 1993, and 2002. On the latter occasion, the guidelines were separated into five booklets to make for easier updating in the future.27
Medical Research Council of South Africa. Guidelines on ethics for medical research. Available at: http://www.mrc.ac.za.
Interim National Health Research Ethics Committee (INHREC)
In the early 2000s the minister of health appointed an INHREC to initiate the work of a newly envisaged National Health Research Ethics Council, a statutory body that was being planned for in the new Health Act. The INHREC, during the 3–4 years of its life, produced a set of national guidelines for medical research and developed plans for the registration, and ultimately accreditation, of all RECs in the country. These guidelines have recently been published.28
Ethics in health research: Principles, structure and processes. South Africa Department of Health; 2004. Available at: http://www.info.gov.za/speeches/2005/05042612151004.htm.
National Health Act 2004. Government Gazette July 23, 2004, No. 26595. Available at: http://www.info.gov.za/gazette/acts/2003/a61-03.pdf.
Education in Research Ethics
Major awards to the Universities for Cape Town and Pretoria from the U.S. National Institutes of Health through its Fogarty International Center are making highly valued contributions to capacity building in international research ethics in Southern Africa.30
International Research Ethics Network for Southern Africa [IRENSA]. Available at: http://www.irensa.org; Southern Africa Research Ethics Training Initiative [SARETI]. Available at: http://shsph.up.ac.za/sareti.htm.
Benatar SR. Towards progress in resolving dilemmas in international research ethics. Journal of Law, Medicine and Ethics 2004;32(4):574–82.
South Africa Research Ethics Committee (SAREC) Newsletter. Available at: http://academic.sun.ac.za/health/support_services/research/ethics/ethics_news.pdf.
HIV/AIDS
The HIV pandemic poses many practical and ethical dilemmas for physicians worldwide, not least in South Africa.33
Benatar SR. Health care reform and the crisis of HIV and AIDs in South Africa. New England Journal of Medicine 2004;351:81–92; Abdool Karim SS, Abdool Karim Q. AIDS in South Africa. Cambridge: Cambridge University Press; 2004.
Minister of Health and others v Treatment Action Campaign and others, 2002 (5) SA 721 (CC); 2002 (10) BCLR 1033 (CC).
The minister of health has had protracted battles—first with pharmaceutical companies and later with pharmacies—to bring down the cost of drug delivery to the end user in the public and private healthcare sectors. New legislation is having some success in cutting out excessive profits in the chain of drug delivery (e.g., the Medicines and Related Substances Control Amendment Acts). The impact of HIV/AIDS on South Africa has been extensively documented,35
Nattrass N. The Moral Economy of AIDS in South Africa. Cambridge: Cambridge University Press; 2004; Pelser AJ, Ngwena CG, Summerton JV. The HIV/AIDS epidemic in South Africa: Trends, impacts and policies. In: Van Rensburg HCJ, ed. Health Care in South Africa. Pretoria: Van Schaik; 2004:275–314; Van Niekerk AA, Kopelman L, eds. Ethics and AIDS in Africa. Cape Town: David Philip Press; 2005.
Slack C, Lindegger G, Vardas G, Richter L, Strode A, Wassenaar D. Ethical issues in HIV vaccine trials in South Africa. South African Journal of Science 2000;96:291–5.
A recent detailed study, by colleagues associated with Physicians for Human Rights, has identified discriminatory attitudes and abuse of the human rights of HIV/AIDS patients by physicians in Nigeria.37
Reis C, Heisler M, Amowitz LL, Moreland RS, Mafeni JO, Anyamele C, Iacopino V. Discriminatory attitudes and practices by health workers toward patients with HIV/AIDS in Nigeria. Available at: http://medicine.plosjournals.org/perlserv/?request=get-document&doi=10% 2E1371%2Fjournal%2Epmed%2E0020246.
Benatar SR. Achieving gold standards in ethics and human rights in medical practice. PLoS Medicine; 2005. Available at: http://dx.doi.org/10.1371/journal.pmed.0020260.
London L. Health and Human Rights. What can ten years of democracy in South Africa tell us? Health and Human Rights 2004;8(1):1–26.
Fox RC, Goemaere E. They call it “patient selection” in Khayelitsha: The experience of Médecins Sans Frontières–South Africa in enrolling patients to receive antiretroviral treatment for HIV/AIDS. Cambridge Quarterly of Healthcare Ethics 2006;15(3):302–12; Macklin R. No shortage of dilemmas. Cambridge Quarterly of Healthcare Ethics 2006;15(3):313–21; Benatar SR. Facing ethical challenges in rolling out antiretroviral treatment in resource-poor countries. Cambridge Quarterly of Healthcare Ethics 2006;15(3):322–30.
End-of-Life Decisions and Legislation
Although life-saving treatments are often withdrawn in South African hospitals, on such widely accepted grounds as outlined in a published statement on the rationale for withholding and withdrawing treatment,41
Benatar SR, Abels C, Abratt A, Anthony J, Benatar D, Brooks D, et al. Statement on withholding and withdrawing life-sustaining therapy. South African Medical Journal 1994;84:254–6.
Following an appeal to the then president, Nelson Mandela, by the Living Will Society, the South African Law Commission (SALC), a statutory body tasked with researching draft legislation, wrote a report, including a draft Act, on a spectrum of end-of-life decisions—namely, pain control and a natural death, the definition of death, advance directives, withholding and withdrawal of life support, physician-assisted suicide, and active voluntary euthanasia.42
South African Law Commission (SALC). Report on Euthanasia and the Artificial Preservation of life. Pretoria: SALC; 1998. Available at: http://www.law.wits.ac.za/salc/salc.html.
Fleischer T. End-of-life decisions: A new law for South Africa? South African Journal of Continuing Medical Education 2003;21(1):20–5.
The Way Forward
There has been admirable progress in bioethics in South Africa in recent years, but much remains to be done.44
Benatar SR. Ethical challenges for health care in South Africa. In: Van Rensburg HCJ, ed. Health Care in South Africa. Pretoria: Van Schaik; 2004:561–606.
Benatar SR, Fleischer TE, Peter JC, Pope A, Taylor A. Treatment of head injuries in the public sector in South Africa. South African Medical Journal 2000;90:790–3.
The greatest ethical challenges for medicine in South Africa and elsewhere arise through the erosion of professionalism by powerful market forces, the widening disparities between care available to those with resources and those without, the threats from new and recrudescent infectious diseases in an interdependent world, and from the tension between the ethics of individual patient care and the ethics of public health—with its focus on whole populations and the common good. The newly developing field of public health ethics offers opportunities to augment the discourse on bioethics and to address, from new perspectives, the many global and local challenges facing us in the 21st century.46
Benatar SR. Public health and public health ethics. Acta Bioethica 2003;9(2):195–207; Nixon S, Upshur R, Robertson A, Benatar S, Thompson A, Daar A. Public health ethics. In: Ries N, Caulfield T, Bailey T, eds. Public Health & Law Policy in Canada. Scarborough: Lexis Nexis Canada; 2005.