Africa-Press – Eswatini. It’s now official; the donation of human bodies and tissues of deceased persons is allowed.
However, some emaSwati are against the idea of the donation of human bodies and tissues of their dead loved ones to be used for medical purposes. This follows the passing of the Health Bill into an Act. The Health Act of 2023, gazetted on October 13, 2023, indicates that emaSwati can now donate human bodies and tissues of deceased persons. Section 52 Subsection (1) of the Act states that the donation of human bodies and tissues of deceased persons may be done for purposes of advancing medical research and training of students.
Deceased
Subsection 2 of the same Act states that a spouse, parent, major child, guardian, brother or sister, may authorise the donation of a body or tissue of a deceased person to an institution or training facility. In order for the donation of human bodies and tissues of deceased persons to be effective, a legal advisor is required to carry out all the documentation processes. In reference to the same Act, Subsection 3 states that a person with legal capacity may make a will or sign a document with two competent witnesses for the –
* Donation of organs to be used after death; or
* Giving consent to post-mortem examination for determination of death or medico legal purposes.
Some of emaSwati who were interviewed regarding the new Act said they would never donate human bodies or tissues of their loved ones who have passed away to be used for whatever purpose. They said such atrocities must not be allowed in Eswatini as it might bring bad luck to their families and negatively affect the future generation. Dumisile Magagula of Corporation in vernacular said; “Lichilo leli lelifuna kwenteka eveni,” (we are yet to experience an atrocity in the country). Magagula said due to the fact that she was liSwati, she would never by any chance donate her husband’s corpse for body parts harvesting or to be used in the training of students or allow him to do the same when she passed on. “Intfo lengiyobapokela yona, the moment they decide to donate my corpse for any medical purposes. What is about to happen in Eswatini is a first-of-its-kind. I am against such a new law,” said Magagula.
Also, Mbuso Mavimbela of Mahwalala noted with concern the negative impact he saw as a result of the new law. He said the Act would erode their African culture. Mavimbela supposed that God did not say bodies should be donated to health institutions for medical purposes, but taken back to dust where they came from. According to Mavimbela, he had never in any day of his life donated even blood to help those in dire need of it, since it was against his beliefs. He said he would not allow anyone to do anything, which was against his personal beliefs.
He was responding to questions on why he was against the new law as there were those who had already donated some of their body parts, such as kidneys and blood, among others, to help their loved ones. Khathazile Khumalo of Ejubukweni wanted to know the reasons the former Members of Parliament (MPs) decided to approve such a Bill into law without taking it to the citizens for input. She said should they have been given a chance to deliberate on Section 52 , it would not have been allowed to happen.
Enimity
“The new law will create enimity among family members as those who might be willing to sign documents to donate the human bodies and tissues will be at loggerheads with those not approving such decision.We are yet to see more families running to court fighting each other as a result of the new law,” said Khumalo. On the other hand, Sibusiso Sibandze of Gobholo said he saw a great opportunity for the country with this new law. He said most people would not struggle in getting some body parts as it used to happen in the past wherein, most people died just because they had no one coming forth to donate certain body parts, which they were in dire need of. “Wow! At last! The Bill has been long overdue. Everyone will benefit, one way or the other. I am in support of the new health law,” applauded Sibandze.
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