Electronic Theses and Dissertations (Masters)

Permanent URI for this collectionhttps://hdl.handle.net/10539/37939

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Subject: search.filters.subject.SDG-3: Good health and well-being

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Now showing 1 - 7 of 7
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    Pharmaceutical patents and public health: facilitating access to affordable medicines in South Africa through trips flexibilities
    (University of the Witwatersrand, Johannesburg, 2024) Bouwer, Ryan; Andanda, Pamela
    The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) aims to strike a balance between the protection of creators and providing access to creative works to users of same. South Africa, as a member of the World Trade Organisation (WTO), has the flexibility to define its policy space in an internationally recognised and compliant manner to achieve an equilibrium between upholding public interest objectives and the private interests of patent holders in the field of health. South Africa has taken steps over the years to revise its medicine and intellectual property (IP) policies to address the issue of medicine access; however, implementation of reform is hampered by resource and capacity constraints, as well as economic and political pressures. As a result, the exorbitant pricing of pharmaceutical patented products continues to have an impact on the availability of essential medicines in South Africa. This report examines the functioning of the patents system in South Africa as it relates to the granting of pharmaceutical patents. The report discusses the link between intellectual property rights (IPRs) and public health and how the patent system can create barriers to access to affordable medicines. This report contends that the current patent climate exists due to shortcomings in South Africa’s Patent Act of 57 of 1978 (Patents Act) and its under-utilisation of TRIPS flexibilities. Pharmaceutical companies have exploited the current patent regime through evergreening and other abusive practises, resulting in the postponement of off-patent drugs and stifled competition, ultimately at the expense of public health. This report seeks to determine the extent to which South Africa has implemented TRIPS flexibilities in promoting access to affordable medicines in the realm of pharmaceutical patents, as well as whether South Africa can strike a balance between protecting pharmaceutical innovation and public health. It concludes by looking at how competition policy can be used to correct the imbalance and suggests that a focused and convergent approach to capacity building and transnational collaboration be employed.
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    The constitutionality of COVID 19 Vaccination Policies and its implications on the right to freedom of religion in South Africa
    (University of the Witwatersrand, Johannesburg, 2024) Karuaihe, Janee Raahua Siegfried
    Covid-19 was declared by the World Health Organisation (WHO) as a disease affecting people over a large geographical area. It caused severe illness to millions of people around the world and the death of over four million people. This impact on people had a direct effect on employers, employees and the workplace. Religions and those practicing their religion weren’t spared from the impact of Covid-19. To control the impact of Covid-19 on the workplace, employers were obligated to take steps to keep the workplace safe and to ensure that businesses can reopen in a manner that would ensure the safety of employees and the public. One of the measures taken by employers to ensure the safety of the workplace was the introduction of vaccination policies. These policies varied from workplace to workplace, but a consistent feature was that employees were required to be vaccinated to return to the workplace. If such workplace were to be implemented without exception, it would fail to recognise the fact that certain religious practices and certain people who practice various religions do not permit vaccines, and where they do, only certain vaccines are allowed. As there is no specific legislation governing the implementation of vaccination policies in the workplace, many employees across South Africa believed these policies unjustifiably limited rights protected by the Constitution, including the right to religion. The courts have accepted that vaccination policies may have the effect of limiting rights that are protected in terms of the Bill of Rights. Still, such limitations may be justified where the employer takes steps and introduces such a policy where necessary to ensure the safety of the workplace.
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    Realising the right to healthcare: the legislative frameworks pertaining to private health establishments and private healthcare funding models in South Africa
    (University of the Witwatersrand, Johannesburg, 2024) Labuschagne-Kom, Lindsie; Mahery, Prinslean; Martin, Blake
    The Universal Declaration of Human Rights recognises access to healthcare as a fundamental human right and is guaranteed by the South African Constitution. An analysis of this right reveals that it comprises of two main components, namely financing and delivery of healthcare services. These are fulfilled by the government in the public sector and by private healthcare funders and private health establishments in the private sector. However, an analysis reveals that access to healthcare is substantively inequitable due to the fragmentation of the health system and unveils significant inefficiencies in the private sector that impeded realisation of this right. This dissertation examines the cause of this fragmentation and the inefficiencies within the private healthcare funders and private health establishments market. It investigates how these issues can be resolved to realise the right to healthcare. This study applied a qualitative desktop review of governmental policies, direct and incidental legislation, and multidisciplinary fields of academic reviews such as competition, healthcare, constitutional law and international policies to evaluate the effect of historical, contemporary and prospective policies and legislation, on access to healthcare. This analysis reveals that access to healthcare was historically manipulated to achieve political ideology through a legislative framework that provided the foundation for private funding models and private health establishments to flourish. This occurred at the expense of the public sector and embedded the fragmentation and inefficiencies in the health system. Notwithstanding the enactment of the Constitution, which envisioned a transformed and equal society, access to healthcare remains substantively inequitable. This is due to governmental failings to regulate these stakeholders. Given this state of affairs, the government intends to enact legislative reform through the National Health Insurance Bill to meet its constitutional mandate to realise the right to healthcare. An analysis of the Bill’s framework, however, reveals that it will have a cascading effect with the collapse of the private healthcare funders and private health establishment markets. This will ultimately cause a regression in access to healthcare and impede the practical realisation of this right. An investigation into alternative mechanisms to fulfil the right to healthcare reveals that incorporation and collaboration with private healthcare funders and private health establishments is a pragmatic alternative to the National Health Insurance Bill that will aid with the practical realisation and vindication of this right. These findings indicate the need for government to improve its stewardship of the health system and provide pragmatic solutions to reform the legislative and regulatory frameworks governing these stakeholders to resolve inefficiencies and to foster collaboration to fulfil the right to healthcare.
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    Effects of donor funding on the HIV/TB programme outcomes in South Africa
    (University of the Witwatersrand, Johannesburg, 2021) Sokhela, Cleopatra Zinhle; Saruchera, Fanny
    There has been decreasing donor funding for the past years, especially in developing countries. With the global economic crisis fuelled by the COVID-19 pandemic, there has been mounting pressure on governments and NGOs to sustain healthcare services and the HIV/TB programme implementation. Despite the efforts made in curbing HIV and TB in South Africa, the country is still struggling to meet its planned HIV and TB programme outcomes. The purpose of this study was to establish the factors that influence donor funding for HIV/TB programmes in South Africa and understand how NGOs utilise donor funds to achieve HIV/TB programme objectives. The study intended to determine the factors that influence donor funding for HIV/TB programme in South Africa; to establish how NGOs utilise donor funds to achieve HIV/TB programme objectives in South Africa; to establish strategies to sustain South African NGOs beyond donor funding, and to propose HIV/TB programme implementation strategies for NGOs in South Africa. The study was guided by the donor and recipient models intended to establish the relationship between donor interest, political interest, NGO funding, and HIV/TB programme outcomes and establish if NGOs sustainability is influenced by decreased donor funding. A quantitative and deductive study was conducted using an online survey. Data was collected from 308 respondents drawn from 30 donor-funded organisations across South Africa. The study's key findings revealed that donors give generously for the HIV/TB programme with no expected returns. Poor HIV/TB programme implementation by NGOs and lack of social impact affects future international funding opportunities. The study further established a positive relationship between recipient needs, NGO funding, and HIV/TB programme outcomes. The paper also concludes that NGO sustainability is not affected by declining donor funding, but a strong positive relationship between NGO leadership capacity and NGO sustainability was identified. A significant portion of respondents indicated that sustainability planning, government co-funding, diversified revenue-generating strategies, meaningful stakeholders' engagement and NGOs leadership capacity development were essential to ensure better HIV/TB programme outcomes and NGOs' sustainability beyond donor funding. In order to enhance the sustainability of donor-funded organisations and programme outputs, the study recommended the need for donors to review regulation governing donated funds utilisation; developing sustainability plan at the beginning of the funding cycle, NGOs to review their business models and NGO leadership capacity development on resource mobilisation and financial management. Future studies could focus on South African NGOs providing HIV/TB services readiness to transition from donor funding and evaluating the most effective revenue-generating strategies that NGOs can implement in South Africa
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    Anti-competitive behaviour as a ground for compulsory licensing of pharmaceutical patents in South Africa
    (University of the Witwatersrand, Johannesburg, 2023-09-14) Omar, Fathima; Andanda, Pamela
    While the South African Patents Act provides for compulsory licensing in instances of an abuse of patent rights, millions of South Africans remain unable to access essential medicines because of inter alia the high prices charged by pharmaceutical patent holders. This research explores the idea of utilising Article 31(k) of the TRIPS agreement – which allows for compulsory licences to be issued to remedy anti-competitive behaviour – to ensure access to patented essential medicines. The central argument in the report is that compulsory licenses on Article 31(k) grounds should be granted by the competition authorities after having found anti- competitive behaviour on the part of the pharmaceutical patent holder. Moreover, this research provides solutions and recommendations to appropriately deal with the role of the competition authorities in the regulation of patented pharmaceutical
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    Enhancing access to pharmaceuticals by regulating the anticompetitive effects of patents in South Africa
    (University of the Witwatersrand, Johannesburg, 2022-12) Yako, Loyiso Tandwefika Aduma
    The South African regulatory framework does not adequately address the interface between intellectual property (IP) and competition law thus rendering patents vulnerable to anti-competitive abuse and missing a critical opportunity to facilitate greater access to pharmaceuticals. This paper dissects policy and regulatory inadequacies from three perspectives. Firstly, by highlighting the slow pace in addressing necessary reform. Particularly in the context of global convergence in IP regulation and policy for nations that are party to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Secondly, the disuse of existing regulatory tools and policy instruments. Thirdly, the paper considers the fragmentation and disconnect between the broad set of IP regulators. There is scope to develop fields of work and guiding principles related to the interaction between competition law and intellectual property laws in South Africa to facilitate greater access to pharmaceuticals. To give true meaning to South Africa’s intention to move towards universal healthcare, a collaborative working model between all healthcare, competition and IP regulators to ensure regulatory reform that is fit for purpose and quality universal access to healthcare is required
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    Regulating mental illness in the South African workplace — lessons from Canada
    (University of the Witwatersrand, Johannesburg, 2022-12-20) Mylchreest, Aidan; Pillay, Karmini
    In post-Covid-19 South Africa, an already stressed population has returned to work. A mental health crisis is emerging and this is evident amongst employees who are struggling with mental illnesses such as depression. In these circumstances, both employers and employees will need guidance when faced with mental illness in the workplace. The recent matter of Jansen v Legal Aid South Africa (2018) 39 ILJ 2024 (LC) (‘Jansen’) is an example of a dispute that arose out of allegations of unfair discrimination and unfair dismissal, due to an employee’s depressive condition. This paper will examine the decisions of the Labour Court and the Labour Appeal Court in Jansen with a view to analyse the approach of the respective courts, in the context of disability and unfair discrimination. This paper identifies the shortcomings of the Jansen judgements and argues that both courts missed an opportunity to provide certainty to both employers and employees. This paper goes on to consider Canada’s progressive approach to mental health and the legal mechanisms developed to provide protection to employees. Canadian jurisprudence will serve as a source of comparison, with a view to extract lessons in managing mental illness in the workplace. Finally, this paper recommends that legislators consider Canada’s legal approach to mental illness with a view to develop a Code of Good Practice focused on mental illness in the workplace