South African Journal of Bioethics and Law 

About: South African Journal of Bioethics and Law is an academic journal published by Health and Medical Publishing Group. The journal publishes majorly in the area(s): Health care & Research ethics. It has an ISSN identifier of 1999-7639. It is also open access. Over the lifetime, 298 publications have been published receiving 1643 citations. The journal is also known as: SAJBL.

Contextualising the role of the gatekeeper in social science research

Abstract: Accessing research participants within some social institutions for research purposes may involve a simple single administrative event. However, accessing some institutions to conduct research on their data, personnel, clients or service users can be quite complex. Research ethics committee chairpersons frequently field questions from researchers wanting to know when and why gatekeeper permission should be sought. This article examines the role and influence of gatekeepers in formal and organisational settings and explores pragmatic methods to improve understanding and facilitation of this process. Conscientious and well-informed negotiations with gatekeepers are required in order to honour the ethical obligations to conduct appropriate stakeholder engagement before and during research, along with respect for the autonomy of institutions and their employees/clients/service recipients. Provision must be made to identify explicit and implicit gatekeepers to initiate and build collaborative networks that could best support the research process. Careful mutually respectful access agreements which consider the needs and vulnerabilities of both the gatekeeper and the researcher can improve the quality of the scientific data collected. Strategic planning in the research process must take these sometimes complex processes of gatekeeper permission into careful account.

Is South Africa on the verge of a medical malpractice litigation storm

Abstract: South Africa is witnessing a sharp increase in medical malpractice litigation as patients increasingly become aware of their rights in a setting of an overburdened health system with limited resources. Legitimate claims need to be compensated. However, the consequences of increased litigation are: (i) a further reduction in the state’s ability to finance health care as a result of large payouts; and (ii) a continuing increase in malpractice premiums in the private sector. A healthy tension between the medical and legal professions should lead to an overall improvement in quality of health care, but consideration will need to be given to issues such as specialist courts, alternative means of resolution, claim quantum determination and capping. Although these issues will technically not minimise the risk of negligence, they may assist in tempering the increasing litigation spiral. Adequate allocation of funding by the state will reduce the risk of claims against the state that result from inadequate human and other resources; this is an important political/policy debate that speaks indirectly to the litigation issue. The recent implementation of the Consumer Protection Act will increasingly place additional and direct responsibility on health professionals for claims made by patients for which they may be directly or indirectly held responsible.

Inaugural lecture: African spirituality, ethics and traditional healing - implications for indigenous South African social work education and practice

Abstract: The over-reliance of South African social work on Euro-American and British theories, and the need to decolonise the profession, has long been recognised by many writers. This article endeavours to conceptualise a pluralistic, indigenous, Afro-centric model of social work education and practice that seeks to infuse the educational curriculum with African spirituality and ethics as well as traditional and Western approaches to helping and healing. However, the main thrust of the paper is that, while educational curricula need to be locally relevant, universities need to remain globally engaged.

Core aspects of ubuntu: A systematic review

Abstract: Background. Ubuntu has been proposed as a useful alternative to current (Western) ethical frameworks for evaluating global bioethical issues, contributing theoretical diversity to the clinical context. However, the literature regarding this philosophy is often described as confusing, and is characterised by a number of competing interpretations. Objective. To arrive, by way of a systematic review, at a definition of ubuntu that encompasses the common themes that appear in competing interpretations. Methods. Searches were done in PhilPaper, PubMed and Google Scholar using a variety of search strings, generating 1 207 hits. After screening for English language, as well as relevance of the article after reading the title, abstract and full text, 99 articles were included for review. Another 17 articles were identified through snowballing and additional searches, giving a total of 116 articles that were included in the review. Results. This review shows that ubuntu is an essentially relational ethics, which prizes relationships of interdependence, fellowship, reconciliation, relationality, community friendliness, harmonious relationships and other-regarding actions such as compassion and actions that are likely to be good for others, in which actions are morally right to the extent that they honour the capacity to relate communally, reduce discord or promote friendly relationships with others, and in which the physical world and the spiritual world are fundamentally united. Conclusion. Scholars, health professionals, policy makers and others should be aware that an alternative ethical theory exists in the global South that may be applied to address a variety of global (bio)ethical issues. Further research, however, is needed to evaluate how properly action-guiding this formulation is in particular contexts.

Towards an indigenous African bioethics

Abstract: In response to a perceived moral crisis in South Africa and Africa, I argue that there is a need to seek ways to restore the dignity of the people of Africa, whose values, beliefs and cultures were denigrated in the past. One way is for African bioethicists to begin to apply indigenous African philosophy, thought and values to ethical issues. This project is important (i) to restore dignity; (ii) because a bioethics grounded in indigenous ideas is more likely to be accepted by Africans; and (iii) because such ideas can enrich bioethical discourse. Highlighting the central importance of relationality, community and harmonious relationships in African thought, I conclude that we should adopt a revised version of principlism that incorporates these salient African moral conceptions.