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National Health Act, 2003 (Act No. 61 of 2003

Chapter 8 : Control of use of blood, blood products, tissue and gametes in humans

61. 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.


(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.