| (a) | A person who is competent to make a will may— |
| (ii) | in a document signed by him or her and at least two competent witnesses; or |
| (iii) | in an oral statement made in the presence of at least two competent witnesses, |
donate his or her body or any specified tissue thereof to be used after his or her death, or give consent to the post mortem examination of his or her body, for any purpose provided for in this Act.
| (b) | A person who makes a donation as contemplated in paragraph (a) must nominate an institution or a person contemplated in section 63 as donee. |
| (c) | If no donee is nominated in terms of paragraph (b), the donation is null and void. |
| (d) | Paragraph (b) does not apply in respect of an organ donated for the purposes contemplated in section 61(1) and the donee of such organ must be determined in terms of section 61(2). |
| (2) | In the absence of a donation under subsection (1)(a) or of a contrary direction given by a person whilst alive, the spouse, partner, major child, parent, guardian, major brother or major sister of that person, in the specific order mentioned, may, after that person’s death, donate the body or any specific tissue of that person to an institution or a person contemplated in section 63. |
| (a) | The Director-General may, after the death of a person and if none of the persons contemplated in subsection (2) can be located, donate any specific tissue of that person to an institution or a person contemplated in section 63. |
| (b) | The Director-General may only donate the specific tissue if all the prescribed steps have been taken to locate the persons contemplated in subsection (2). |
