A Young Academic Dedicated to Medical Law and Health Research

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UKZN doctoral candidate and Law academic, Ms Nomfundo Mthembu (27) is a high achiever - a status she has worked hard for on a journey towards her top-end goal of becoming an established researcher in Medical Law with an National Research Foundation rating.

‘I aim to complete my PhD in Medical Law and then obtain leading researcher status in my field,’ she said. ‘That would hopefully allow me to start a national mentorship programme for early career academics who want to specialise in Medical Law.’

Mthembu has obviously set the bar high early in her career and already made her mark. She earned her Bachelor of Laws (LLB) at UKZN in 2020 and her Master of Laws (LLM) a year later. Currently, she is studying towards her PhD on fertility health care, reproductive health law and the regulation of medically assisted reproduction.

The title of her thesis is: “Regulating Assisted Reproductive Technologies in South Africa: The Case for Establishing a Dedicated Statutory Authority”. ‘I lecture at UKZN’s School of Law in areas of Bioethics, Human Rights and Medical Law and serve on the Board of Trustees for the Hillcrest AIDS Centre Trust as well as on the Board of Trustees for the Hillcrest Advice Bureau and Bursary Fund.’

Mthembu has presented her research at various forums in South Africa, Africa and overseas and most recently was a visiting lecturer in the Department of Law at the University of Messina in Italy. ‘During my stint in Italy, I presented seminars in African legal philosophy, medical liability and gender equality in human rights discourse. This opportunity allowed me to promote UKZN and Africa as players in the production of specialised knowledge and research.’

Born into a humble home in Durban, she grew up in Ladysmith, KwaZulu-Natal, moving to various places in the area with her family. ‘Such are the difficulties poverty presents. There was no stability and we would have to move as financial circumstances dictated,’ she said.

She matriculated at Khabazela High School, in Embo, Hillcrest, securing a bursary from the South African Research Bank for her Law studies at UKZN.

‘I think being a member of the Peer Education team for the Hillcrest AIDS Centre Trust from 2012 till 2014 was huge in my overall development. As an HIV peer educator, I received a lot of training about health, diseases and socio-economic issues and most importantly how to positively contribute to my community and nation at large.

‘Being part of the team helped change my victim mentality to a “hero” outlook because of the information and training I was receiving. I began to look at myself as an agent of change and that’s when I fell in love with Medical Law. I wanted to make sure I contributed to laws and policies with the potential to eradicate the health disparities and social suffering I was learning about.

‘I wanted a way to blend my health passion and law and I chose to specialise in Medical Law because I sincerely believe that a strong health system is one backed by strong policies and laws that support equitable distribution of medical resources to all persons. I am passionate about regulations that seek to eradicate any form of inequalities in health and ensure that the fruits of medical innovations are equitably distributed,’ she said.

On the role of women in society, Mthembu stressed that institutions must invest in women as future leaders and pathfinders in specialised areas of Law such as Medical Law - women need to be empowered and placed in positions where they are able to be impactful.

‘Women on the other hand should not be afraid to be pathfinders in these areas - it’s difficult but it is worth it. Also, when we have found the path it is so important to kick down the doors, hold the torch up high, and eradicate all challenges that make it difficult for other people to enter these prestigious spaces,’ she added.

Mthembu paid tribute to people who have supported her including her husband, Mr Mvuselelo Mthembu; her parents, Ms Tholakele Mbokazi and Mr Sandile Mkhize; her grandmother, Mrs Sizakele Janet Mbokazi; her sisters, Khuthala and Zama Mbokazi; and her pastors, Pastor S J Khuzwayo and Pastor J Nhlozi; as well as other family and friends.

She also thanked her mentor and PhD supervisor, Professor Donrich Thaldar who has supported her on her academic journey.

Words: Greg Dardagan

Photographs: Supplied