In this podcast, Professor Thaldar interviews Mr Paul Esselaar, Ms Devarasi Bellengère, and Mr Banele Mhlongo on the topic of the NHREC’s draft revised MTA.

Summary

The South African National Health Research Ethics Council (NHREC) has issued a revised draft of the 2018 material transfer agreement (MTA), prompting discussions on its mandate, treatment of data and biological material, and avoidance of ownership terminology. With the activation of the Protection of Personal Information Act (POPIA) in 2021, doubts arise regarding NHREC's authority over personal information in health research. The draft MTA's approach to data is criticized as superficial, and its handling of human biological material overlooks legal and ethical concerns related to pathogens. The use of "steward" instead of "owner" in the MTA clashes with South African law and neglects ethical arguments for ownership recognition. Recommendations for the MTA's improvement include making its adoption optional, separating data transfer agreements, addressing liability for pathogen-containing materials, and adopting a decolonial framework that acknowledges the ownership rights of local research institutions to support bio-economy growth.

Further reading

Esselaar P, Swales L, Bellengère D, Mhlongo B, Thaldar DW. Forcing a square into a circle: why South Africa’s draft revised material transfer agreement is not fit for purpose. Frontiers in Pharmacology. 2024.

See also

Swales L, Ogendi P, Botes M, Townsend B, Donnelly D-L, Abdulrauf L, Thaldar DW. A data transfer agreement template for South Africa (2023).

Swales L, Botes M, Donnelly D-L, Thaldar DW. Towards a data transfer agreement for the South African research community: The empowerment approach. South African Journal of Bioethics and Law. 2023;16(1):13–18.

Thaldar DW, Botes M, Nienaber A. South Africa’s new standard material transfer agreement: proposals for improvement and pointers for implementation. BMC Medical Ethics 2020;21(85):1-13.

Thaldar DW. One material transfer agreement to rule them all? A call for revising South Africa’s new standard material transfer agreement. Humanities and Social Sciences Communications 2020;7(105)