Ethical and legal implications of doctor–patient confidentiality in the age of technological advancements: Ensuring privacy and trust in healthcare services

Ethical and legal implications of doctor–patient confidentiality in the age of technological advancements: Ensuring privacy and trust in healthcare services

Ethical and legal implications of doctor–patient confidentiality in the age of technological advancements: Ensuring privacy and trust in healthcare services

Author: Mlondolozi Mvikweni

ISSN: 3078-2821
Affiliations: Walter Sisulu University
Source: International Journal of African Reflections 2025, p. 25-40
https://doi.org/10.47348/IJAR/2025/a2

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Mlondolozi Mvikweni
Ethical and legal implications of doctor–patient confidentiality in the age of technological advancements: Ensuring privacy and trust in healthcare services
International Journal of African Reflections 2025, p. 25-40

Abstract

In the contemporary digital age, the traditional principles of doctor–patient confidentiality face increasing challenges due to rapid technological advancements. This research explores the ethical and legal implications of maintaining confidentiality in healthcare, specifically focusing on electronic health records (EHRs), telemedicine and the burgeoning use of big data. It critically examines the ways in which these technologies, while possibly enhancing the efficiency of healthcare delivery, also introduce substantial risks to patient privacy and trust. The study analyses South African constitutional provisions alongside relevant international conventions and legislative frameworks that govern the right to privacy. This includes a detailed evaluation of cybersecurity measures and the ethical guidelines necessary to navigate these challenges. Through a comprehensive review of the case law and statutory obligations, this research provides strategies for healthcare providers to uphold confidentiality, ensure informed consent and balance the benefits of technological innovation against the imperative to protect sensitive patient information. Furthermore, a comparative analysis of the South African healthcare system and the Cuban healthcare system is presented to offer a broader perspective on maintaining doctor–patient confidentiality in diverse socio-economic contexts.

Ethical and legal implications of doctor–patient confidentiality in the age of technological advancements: Ensuring privacy and trust in healthcare services

Research capacity development needs for postgraduate students at South African public universities

Research capacity development needs for postgraduate students at South African public universities

Author: Fulufhelo Malamatsho

ISSN: 3078-2821
Affiliations: University of South Africa
Source: International Journal of African Reflections 2025, p. 41-59
https://doi.org/10.47348/IJAR/2025/a3

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Fulufhelo Malamatsho
Research capacity development needs for postgraduate students at South African public universities
International Journal of African Reflections 2025, p. 41-59

Abstract

Supervisors are the cornerstones of successful postgraduate studies. Once registered, a postgraduate student is allocated a supervisor to oversee research and mentor them. Some universities allocate supervisors and mentors separately depending on their capacity. Although postgraduate students need to lead their academic journey, their supervisors are also responsible for their success. The throughput rate for postgraduates focuses on ensuring that students fulfil the requirements of their degrees within the expected time frames. Challenges may arise in the postgraduate student journey, including emotional, psychological, financial and health – and even the loss of interest in their research. The supervisors are expected to help the students to overcome these challenges through various means, including referral to professional services. Some universities may offer incentives to supervisors should their students graduate on time. However, it is not entirely clear what students would want from their supervisors or universities in order to feel supported. This quantitative study surveyed postgraduate students who were studying at South African public universities from 2010 to 2020 in order to determine who played a role in their studies and what kind of support or research capacity development activities helped them to complete their studies. Cooke’s Framework (2005) was applied in the questionnaire to evaluate the development of the students’ research capacity. The findings highlight the reality that supervisors are key to postgraduate support and throughput rates and that activities such as research workshops and dissertation writing sessions are beneficial to postgraduates. The study recommends adopting Cooke’s Framework at public universities so as to evaluate research capacity, replacing the principle of sustainability and continuity with emotional support and conducting needs assessments, ongoing monitoring and yearend evaluations, while ensuring that supervisors are suitably equipped to meet student needs.

Ethical and legal implications of doctor–patient confidentiality in the age of technological advancements: Ensuring privacy and trust in healthcare services

Restoring dignity for students with disabilities at South African universities

Restoring dignity for students with disabilities at South African universities

Author: Beauty Nonzwakazi Makiwane

ISSN: 3078-2821
Affiliations: Faculty of Management and Public Administration Sciences, Butterworth, Walter Sisulu University, Eastern Cape province, South Africa
Source: International Journal of African Reflections 2025, p. 60-77
https://doi.org/10.47348/IJAR/2025/a4

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Beauty Nonzwakazi Makiwane
Restoring dignity for students with disabilities at South African universities
International Journal of African Reflections 2025, p. 60-77

Abstract

Sections 3 and 10 of the Constitution of the Republic of South Africa Act 108 of 1996 state that one automatically has inherent dignity upon gaining South African citizenship. However, students with disabilities perceive that South African universities focus more on acknowledging and recognising dignity while struggling to promote respect for and the protection of individuals with a disability from the stages of studentship, all the way from application to graduation. These perceptions imply abuses against minors with disabilities that negatively affect their dignity. For this reason, the intention to promote respect for and the protection of students with disabilities at South African universities presents an interesting case that warrants examination. A qualitative research approach was preferred for this study in order to indicate those key areas where the dignity of particular individuals was jeopardised. Self-administered questionnaires were given to 15 focus groups of students with disabilities at Walter Sisulu University, who were selected through key informant sampling. This was followed by a semi-structured interview schedule to cover identified gaps in the Walter Sisulu University’s policies and practices. A survey research design was chosen to enable the observation of students with disabilities in their physical environments. Content analysis was used to analyse the collected data. The findings indicate that various interventions, such as disability-specific educational, training and development programmes, are essential to imparting significant knowledge and skills about matters of disability. Recommendations include fostering strong collaborations and partnerships with key stakeholders for meaningful engagement, establishing structures and platforms where students with disabilities participate proactively, and the introduction of prescribed quotas of students with disabilities by the Department of Higher Education and Training to reflect on what South African universities preach.

Ethical and legal implications of doctor–patient confidentiality in the age of technological advancements: Ensuring privacy and trust in healthcare services

Globalisation and Cameroonian worldview: The case of Azanwi Nchami’s Foot prints of destiny and Kenjo Jumbam’s The whiteman of God

Globalisation and Cameroonian worldview: The case of Azanwi Nchami’s Foot prints of destiny and Kenjo Jumbam’s The whiteman of God

Authors: Doreen Mekunda and Woloa Sheriban

ISSN: 3078-2821
Affiliations: University of Buea, Department of English and Cultural Studies, Faculty of Arts, Republic of Cameroon
Source: International Journal of African Reflections 2025, p. 78-96
https://doi.org/10.47348/IJAR/2025/a5

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Doreen Mekunda and Woloa Sheriban
Globalisation and Cameroonian worldview: The case of Azanwi Nchami’s Foot prints of destiny and Kenjo Jumbam’s The whiteman of God
International Journal of African Reflections 2025, p. 78-96

Abstract

Contact between the various peoples in the world, especially between the global North and South, was accentuated through the civilising mission-slavery, colonisation, imperialism and other ever-evolving forms of oppressor–oppressed relationships. With cultural contact as a constant in our evolving world, globalisation aims to referee relations between these interacting cultures on a global scale. This article examines the ways in which globalisation has affected the Cameroonian worldview by discussing excerpts from Kenjo Jumbam’s The whiteman of God (1980) and Azanwi Nchami’s Foot prints of destiny (1985). We build our discourse around Aseh’s concept of the ‘Kamerun Idea’, exploring the tenets of worldview, ontology, values, logic and identity. We answer the question: Could there be any equitable exchanges between the global North and South in the global supermarket of influences? It is the contention of this article that globalisation has become a pressing present reality, especially as culture shock leads to osmotic relationships of exchange between the global North and South. This article reveals that whenever cultures meet, influence is traded and worldviews are affected.

Ethical and legal implications of doctor–patient confidentiality in the age of technological advancements: Ensuring privacy and trust in healthcare services

E-waste management and its health and environmental impact in under-resourced villages of South Africa: A case study

E-waste management and its health and environmental impact in under-resourced villages of South Africa: A case study

Authors: Odwa Gazana and Tembisa Grace Nqgondi

ISSN: 3078-2821
Affiliations: Faculty of Informatics and Design, Department of Information and Communications Technology, Cape Peninsula University of Technology, Western Cape, South Africa; Faculty of Informatics and Design, Department of Information and Communications Technology, Cape Peninsula University of Technology, Western Cape, South Africa
Source: International Journal of African Reflections 2025, p. 97-115
https://doi.org/10.47348/IJAR/2025/a6

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Odwa Gazana and Tembisa Grace Nqgondi
E-waste management and its health and environmental impact in under-resourced villages of South Africa: A case study
International Journal of African Reflections 2025, p. 97-115

Abstract

The rapid growth of electronic waste (e-waste) has been identified as one contributor to health and environmental risks worldwide. The lack of awareness of the e-waste in the under-resourced villages in South Africa contributes to the environmental risks and health hazards that lead to challenges of climate change due to air and land pollution. It has been established that these villages lack the infrastructure for managing e-waste, which leads to e-waste being disposed in the open land and landfills or burnt or buried underground. Such practices expose communities to toxic chemicals because e-waste is composed of hazardous elements such as lead, mercury and beryllium. If these elements are not properly managed or disposed of, they cause significant danger to the environment and people’s health. This study aimed to assess the level of e-waste awareness and management in the under-resourced villages of South Africa, in particular in the Eastern Cape province. The study adopted a qualitative research approach and embraced a purposive case study method which is underpinned by the Social Capital Theory. Thematic data analysis was used to analyse the data. The study findings demonstrated that the villagers had a lack of awareness of e-waste’s impact on their health and also of the environmental hazards. The Social Capital Theory approach embraced collaboration between a researcher and communities; it resulted in the development of an e-waste awareness and management solution for the villagers and the local municipalities. This article reports on the e-waste awareness process and management.

Ethical and legal implications of doctor–patient confidentiality in the age of technological advancements: Ensuring privacy and trust in healthcare services

Perspectives, challenges and opportunities for water supply management in Rustenburg: A case study of Tlhabane township

Perspectives, challenges and opportunities for water supply management in Rustenburg: A case study of Tlhabane township

Author: Tsie Omphile Mathope

ISSN: 3078-2821
Affiliations: Walter Sisulu University
Source: International Journal of African Reflections 2025, p. 116-159
https://doi.org/10.47348/IJAR/2025/a7

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Tsie Omphile Mathope
Perspectives, challenges and opportunities for water supply management in Rustenburg: A case study of Tlhabane township
International Journal of African Reflections 2025, p. 116-159

Abstract

Water is perceived to be one of the precious resources that should not be denied to any person; however, without the knowledge and attitude of how to sustain it, water will continue to be in short supply. This study aimed to contribute more knowledge about the perspectives on, the challenges of and the opportunities for water supply management in the Rustenburg Local Municipality, specifically in the township of Tlhabane, a small suburb of the municipality situated in North West province, South Africa. The problems leading to poor water supply and management that are experienced by various local communities were explored, with particular reference to Tlhabane township. A descriptive research design was used in this study and the researcher applied the qualitative research method because the two approaches are best used concurrently. The target population identified to respond to the research questions of this study were the community members of Tlhabane who have been facing great water-supply challenges. A probability sampling method was chosen in this study due to its ability to give every person an equal chance of being selected. A systematic random sampling technique was also used in this study, the researcher having determined a sample size of 300 as being sufficient to represent a subset of the Tlhabane community. The data were gathered by distributing open- and close-ended questionnaires to the community members. In addition, five unstructured interviews were conducted with the municipal staff members in the Directorate of Technical and Infrastructure (the Water Supply Unit). The study’s key findings reveal that the community members of Tlhabane expressed frustration at having unreliable access to water. This has led to a growing reliance on self-supply methods. An ageing water infrastructure (eg, asbestos-cement pipes) has led to frequent pipe leaks and bursts. High levels of water loss have been caused by inadequate pipeline maintenance, leading to community protests as a result of persistent water shortages. Limited financial resources have also hindered water infrastructure maintenance and upgrades. The water distribution infrastructure must be upgraded to reduce leaks and wastage. Public–private partnerships must be strengthened for better water management, community participation must be encouraged in water conservation efforts and alternative water sources such as recycled water and sustainable water-supply strategies must be leveraged. Recommendations are made that can be adopted to ensure good service delivery of water to the Tlhabane community. Once these measures are implemented, it is believed the water-supply problems will be overcome. These recommendations are meant to help the municipality to improve its water services to the community by eradicating water shortages. This will serve to ensure that there is economic well-being, employment, peace and stability in the area.

Ethical and legal implications of doctor–patient confidentiality in the age of technological advancements: Ensuring privacy and trust in healthcare services

Production of malted fermented sorghum-based complementary foods to enhance food and nutrition security in Benue, Nigeria

Production of malted fermented sorghum-based complementary foods to enhance food and nutrition security in Benue, Nigeria

Authors: Priscilla M Utoo, Philip Bassey, Afiong Oku and Charles Ariahu

ISSN: 3078-2821
Affiliations: Department of Epidemiology and Community Health, College of Health Sciences, Benue State University, Makurdi, Benue State; Department of Community Medicine, University of Calabar, Cross River State; Department of Community Medicine, University of Calabar, Cross River State; Department of Food Science and Technology, Joseph Saarwuan Tarka University, Makurdi
Source: International Journal of African Reflections 2025, p. 160-178
https://doi.org/10.47348/IJAR/2025/a8

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Priscilla M Utoo, Philip Bassey, Afiong Oku and Charles Ariahu
Production of malted fermented sorghum-based complementary foods to enhance food and nutrition security in Benue, Nigeria
International Journal of African Reflections 2025, p. 160-178

Abstract

In Benue, Nigeria, malnutrition continues to be a significant public health concern, affecting mostly infants and young children in the form of impeded growth and development. This study aimed to develop and assess the nutritional quality of malted fermented sorghum-based complementary foods. Soya beans, orange-fleshed sweet potatoes and moringa oleifera leaf powder were sourced locally for the formulations. Individual flours were evaluated for their proximate composition, minerals, vitamins and anti-nutrient content. With the aid of material balancing, four different complementary food samples were formulated to produce 16 g of protein per 100 g sample and they were compared with selected traditional complementary food. The results revealed that treated food samples had improved protein, fibre and mineral content compared to the traditional complementary food. The fat and energy content were highest in the non-malted fermented sorghum-based formulation (4.32 g/100 g and 367.60 kcal/100 g sample, respectively) and the lowest in the traditional complementary food (2.06 g/100 g sample and 358.25 kcal/100 g sample, respectively). Sensory evaluation revealed that, generally, the treated formulations were more acceptable to the panelists. This study demonstrates the potential of malted fermented sorghum-based complementary foods to improve food and nutrition security. From the findings, it can be concluded that it is possible to develop scalable and sustainable interventions to treat malnutrition in Benue and Nigeria.

Last resort or lasting harm? Examining pre-trial detention of children in conflict with the law in Kenya: Advocating for accountability in law enforcement

ARTICLE

Last resort or lasting harm? Examining pre-trial detention of children in conflict with the law in Kenya: Advocating for accountability in law enforcement

Author: Terry Moraa

ISSN: 1996-2118
Affiliations: LLB (Candidate) at Kabarak University, Kenya
Source: South African Journal of Criminal Justice, Volume 38 Issue 2, p. 189-216
https://doi.org/10.47348/SACJ/v38/i2a1

Abstract

This paper is driven by the desire of the global community to restrain children’s detention to when necessary. The paper addresses the ongoing problem of excessive and prolonged pre-trial detention of children in conflict with the law in Kenya, despite national and international legal standards advocating for detention only as a measure of last resort and for the shortest appropriate period of time. Detained for minor offences, like stealing chicken, some children wait up to six months in pre-trial detention often being exposed to violence, stigma and long-term developmental harm. Although the 2010 Kenyan Constitution marked a significant step forward in protecting children’s rights, implementation gaps persist. To interrogate this problem, the paper uses a qualitative legal analysis, drawing on legal instruments, policy documents and case studies to explore how existing laws are applied in practice. It evaluates the extent to which Kenya’s child justice framework aligns with international standards and identifies systemic obstacles within the justice system that undermine child rights protections. The paper finds that while Kenya has a strong legislative foundation for child justice, implementation remains weak. Key recommendations include enforcement of the law, a coordinated child justice system and establishing accountability mechanisms for justice system actors who fail to uphold child protection standards. The study underscores the urgent need to reform the justice system by restoring a coordinated, child-centred approach.

Previous consistent statements in sexual offences in South Africa: Interpreting sections 58-60 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act through their drafting history and relevant case law

ARTICLE

Previous consistent statements in sexual offences in South Africa: Interpreting sections 58-60 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act through their drafting history and relevant case law

Author: Jamil Ddamulira Mujuzi

ISSN: 1996-2118
Affiliations: LLB (Makerere) LLM (UP) LLM (UFS) LLD (UWC), Professor of Law, Faculty of Law, University of the Western Cape
Source: South African Journal of Criminal Justice, Volume 38 Issue 2, p. 217-244
https://doi.org/10.47348/SACJ/v38/i2a2

Abstract

Section 58 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act requires courts to admit previous consistent statements relating to sexual offences. However, it does not explain the purpose for which those statements should be admitted. Section 59 prohibits courts from drawing an inference from the victim’s delay in reporting a sexual offence. Section 60 abolishes the cautionary rule in cases of sexual offences. Academics and courts have disagreed on the probative value of previous consistent statements. Relying on the drafting history of section 58, the author argues that a previous consistent statement can be admitted to corroborate the complainant’s evidence. The author also argues that there are circumstances in which a previous consistent statement is inadmissible; there are instances in which a court can draw a negative inference from the delay in reporting the sexual offence; and that although the cautionary rule was abolished with regard to sexual offences, courts are still required to treat with caution the evidence of victims of sexual offences who are children or single witnesses.

Sex+Lies+HIV=Rape? Understanding deceptive sex in light of S v Conga

ARTICLE

Sex+Lies+HIV=Rape? Understanding deceptive sex in light of S v Conga

Author: Mary Nel

ISSN: 1996-2118
Affiliations: BA(Law) LLB LLM LLD (Stell) MPhil (Criminology) (Cantab); Senior lecturer, Department of Public Law, Faculty of Law, Stellenbosch University
Source: South African Journal of Criminal Justice, Volume 38 Issue 2, p. 245-269
https://doi.org/10.47348/SACJ/v38/i2a3

Abstract

On 25 September 2024 Leon Santos Conga, who infected his former partner with HIV, was sentenced to life imprisonment for rape and attempted murder by the Pretoria Magistrate’s Court. The basis for the rape conviction was that he deceived his partner into believing that he was HIV-negative, and she would not have had sex with him had she been aware of his HIV-positive status. This is the first HIV-related conviction for rape ‘committed under false pretences or by fraudulent means’ in terms of section 1(3)(c) of SORMA. Using the Conga judgment as a point of departure, this contribution critically examines the current South African legal position on deceptive sex, including the rationale for criminalising deceptive sex as rape, and each element of the crime as affected by HIV-related deception in particular. It concludes that while the Conga ruling may be a legally correct expansion of the application of section 1(3)(c) in principle, there are persuasive policy reasons for not following its approach in future owing to the wider societal cost of criminalising HIV-related deception as rape, including exacerbating stigma against HIV-positive individuals and negative public health ramifications.