National Health Act, 2003 (Act No. 61 of 2003Chapter 8 : Control of use of blood, blood products, tissue and gametes in humans61. Allocation and use of human organs |
| (1) | Human organs obtained from deceased persons for the purpose of transplantation or treatment, or medical or dental training or research, may only be used in the prescribed manner. |
| (2) | Human organs obtained in terms of subsection (1) must be allocated in accordance with the prescribed procedures. |
| (3) | An organ may not be transplanted into a person who is not a South African citizen or a permanent resident of the Republic without the Minister’s authorisation in writing. |
| (4) | The Minister must prescribe— |
| (a) | criteria for the approval of organ transplant facilities; and |
| (b) | procedural measures to be applied for such approval. |
| (5) |
| (a) | A person who contravenes a provision of this section or fails to comply therewith or who charges a fee for a human organ is guilty of an offence. |
| (b) | Any person convicted of an offence in terms of paragraph (a) 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. |