§ “Law on Human Tissue” (1983) (s.39A inserted by
s.26 of Act No. 51 of 1989)
http://www.iucnrosa.org.zw/elisa/Environmental%20Law/south_africa/human_tissue_act.html
39A: “Genetic manipulation of gametes or
zygotes is not permitted.
Notwithstanding anything to the contrary
contained in this Act or any other law, no provision of this Act shall be so
construed as to permit genetic manipulation outside the human body of gametes
or zygotes.”
The
Law on Human Tissue implicitly prohibits the cloning of human cells.
§ “Guidelines on Ethics for Medical Research:
Reproductive Biology and Genetic Research,”
The Medical Research Council of
http://www.sahealthinfo.org/ethics/eth icsbook2.pdf
“3.7 Summary of Recommendations
3.7.1.2 Germ-line gene therapy
Gene therapy should be directed to
alleviating disease in individual patients, although wider applications may
soon call for attention. In the present state of knowledge, any attempt by gene
modification to change human traits not associated with disease would not be
acceptable.
It is recommended that the
necessary research should continue. There is, at present, insufficient
knowledge to evaluate the risks, to future generations, of gene modification of
the germ line. It is therefore recommended that gene modification of the human
germ line should not yet be attempted.
…
3.7.3 Cloning
3.7.3.1 Therapeutic cloning
It is recommended that, at present,
the use and derivation of human stem cells should be limited to two sources: cadaveric fetal tissue and
'surplus' embryos remaining after infertility treatments.
It is also recommended that the
following principles drawn from the recommendations of the US National
Bioethics Advisory Committee should regulate the donation of human embryos for
stem cell research.
1. Prospective donors
should be given timely, relevant and appropriate information to make informed
and voluntary decisions regarding the donation of the embryos.
2. Embryos and cadaveric fetal tissue should
under no circumstances be bought or sold.
With regard to the growth of entire organs, it
is recommended that this technique should be more thoroughly investigated in
animal systems before experimentation with human tissue is permitted.
3.7.3.2 Reproductive cloning
It is recommended that in the use
of nuclear transfer the reproductive needs of an individual should not
over-ride the best interests of the child produced.
The risk attached to the use of the
technique on humans carries the possibility of hormonal manipulation in the egg
donor, multiple miscarriages in the birth mother, and severe developmental
abnormalities in any resulting child. The potential harms outweigh the
potential benefits, and until studies in animal systems reverse this
circumstance, we recommend that the use of human nuclear transfer cloning to
create a new life should be prohibited.
Critics have raised questions about
the appropriate use of scarce resources. This is
particularly important in South
Africa where public policy has determined that the extension of primary health care to all South
Africans must be the nation's first priority in the field of medical care. Is research into, and the practice of cloning, responsible
use of limited State resources? The answer must be negative.”
§ “National Health Bill B32-2003” (20
June 2003).
“1. Definitions …
‘cloning’ means the creation of identical human organisms from living or dead
individuals by
manipulation of genetic material, including—
(a) removal of nuclear material from an oocyte
or a female gamete, embryo or
embryo cells and
replacing it with nuclear material from a zygote or somatic
cell at any
stage from foetal to adult development; or
(b) embryo splitting or blastomere
separation of any of the cells which originate
from a
fertilised ovum.”
“Prohibition of
reproductive cloning of human beings
62. (1) A person may not—
(a) manipulate any genetic material, including genetic material of
human
gametes, zygotes
or embryos; or
(b) engage in any activity, including nuclear transfer or embryo
splitting,
for the
purpose of the reproductive cloning of a human being.
(2) The Minister may,
under such conditions as may be prescribed, permit therapeutic cloning
utilizing adult or umbilical cord stem cells.
(3) No person may
import or export human zygotes or embryos without the prior
written approval
of the Minister.
(4)
The Minister may permit research on stem cells and zygotes which are not more
than 14 days old on a written application and if—
(a) the applicant undertakes to document the research for
record purposes; and
(b) prior consent is obtained from the donor of such stem cells
or zygotes.
(5) Any person who
contravenes a provision of this section or who fails to comply
therewith is guilty
of an offence and is liable on conviction to a fine or to imprisonment for a
period not exceeding five years or to both a fine and such imprisonment.”
§ “Opinion No. 3,”
National Medical Ethics Committee (1997).
At
the request of the Minister of Health, the National Medical Ethics Committee
analyzed the issue of human cloning. The Committee concluded that any
technology of human cloning should be banned. It deemed the practice as
undermining the field of human reproduction and the dignity of the human
species, leaving the door open to all forms of abuse.
(“National Legislation Concerning
Human Reproductive and Therapeutic Cloning,” UNESCO Division of the Ethics of
Science and Technology (