UKZN Health Law Expert and Law Professor Contributes to Landmark High Court Case

BY: .

Click here for isiZulu version

Law academic and specialist litigator, Professor Donrich Thaldar, was recently admitted as amicus curiae (friend of the court) by the Pretoria High Court in the landmark case of De Jager v Netcare.

The case, dealing with the constitutionality of collecting health data through surveillance, also provided practical experience for six Law students who had the privilege of accompanying Thaldar on the trip.

‘The De Jager v Netcare case is a landmark moment in the evolution of health data governance in South Africa. The court’s decision will have far-reaching implications for how personal health data is collected, processed and protected, particularly in the context of surveillance,’ said Thaldar. He added that the case also raises critical questions about the balance between the right to privacy and the need for transparency in judicial proceedings.

‘As our society becomes increasingly data-driven, ensuring that our legal frameworks keep pace with technological advancements is essential. I am honoured to contribute to this important legal discourse and look forward to participating in the court’s deliberations on these crucial issues.’

Reflecting on the experience, students Ms Ayandiswa Mbhele, Mr Kudakwashe Mawowa and Ms Owethu Mthethwa concurred that being part of the court’s deliberations on such a ground-breaking case was a once in a life time learning experience.

‘The experience has been nothing short of informative. From receipt of the heads of argument to hearing the oral arguments from Professor Thaldar and the other parties to the matter, not only have I gained extensive knowledge, I have also been able to apply my existing knowledge to an actual real-life scenario, involving actual people and an actual court proceeding. You do not get this experience from reading a textbook or listening to a lecturer teach the concepts,’ said Mbhele.

For Mawowa, the case is in line with his areas of interest in Law and renewed his passion for health law research. ‘I personally held a discussion with Professor Thaldar exploring his own research interests. We further discussed the possibility of exploring the same ideas as a head start towards my fourth-year research project for next semester. It was most fascinating to learn that one could use the same as a foundation that could go all the way to a PhD thesis,’ he said.

For Mthethwa, getting the opportunity to engage with the case physically and seeing how it unfolded in an actual courtroom was the best teaching and learning experience. ‘Apart from the actual case, we also got to witness other amazing things. We sat in a courtroom that conducts unopposed matters. From that, we saw how different it is from a courtroom where there are two opposing parties. We also got to do some sightseeing. As a third year LLB student, being part of this case is important to me as I plan on basing my research project on it next year. I wish the University would sponsor more of these opportunities so that other students may also benefit.’

Words: Thandiwe Jumo

Photograph: Supplied