School of Law

Dr Marietjie Botes

Telephone: +27 83 5480 410
Email marietjie@ukzn.ac.za
Campus: Howard College (operating remotely from Pretoria)

Biography

Marietjie has been practising as an attorney since 2001 and holds the degrees of BProc, LLB, LLM with specialisation in Intellectual Property Law and an LLD with specialisation in Biotechnology Law. During her years as partner at Dyason Inc in Pretoria she drafted, reviewed and advised on Health-tech, Fin-tech and Bio-tech Contracts, advised on all legal aspects involving Biotechnology, litigated and gave legal advice in the fields of Health Care, Life Sciences and Insurance.

In 2019 Marietjie has joined the University of Kwa-Zulu Natal as a postdoctoral researcher in the Health Law and Bioethics research group lead by Prof Thaldar where she specifically focusses on genetic research regulation, privacy issues relating to health information, data sharing and commercialisation, gene editing, stem cell therapy ethics and research regulations. Marietjie also teaches Medical Law, Human Rights and Ethical Theories to medical students at the School of Health Sciences, University of Kwa-Zulu Natal.

Since the COVID-19 outbreak in December 2019 Marietjie also became intensively involved in pandemic preparedness and management research and was appointment by the National Research Foundation (NRF), the Department of Planning, Monitoring and Evaluation (DPME) and Government Technical Advisory Centre (GTAC) to be part of the Expert Groups leading the development of the COVID-19 County Report on the implementation of measures to combat COVID-19 in South Africa. She is specifically authoring and leading the Human Rights and Legal approach to Government leadership, governance, institutional arrangements and state capacity in responding to COVID-19.

In February 2020 Marietjie was also invited by the Academy of Science of South Africa (ASSAf) to serve on an Academy consensus study panel chaired by Professor Michael Pepper, looking into the Ethical, Legal and Social Issues related to Gene Therapy: A South African perspective. As part of this illustrious panel Marietjie focusses specifically on gene therapy, gene editing and related technologies, intergenerational justice and issues relating to the commercialisation of and Intellectual Property rights in cell and gene therapies.

Academic Qualifications:

  • BProc (UP)
  • LLB (UP)
  • LLM (Intellectual Property Law) (UNISA)
  • LLD (Biotechnology Law) (UNISA)

Professional Qualifications

  • Admitted as an Attorney of the High Court on 24 April 2001
  • Accredited Commercial Mediator

Research Interests

  • Health Law
  • Life sciences
  • Intersection between Law and Science (and Art)
  • Data sharing, Privacy and Consent

Recent Publications and Papers

Accredited
  • (2020) “Human germline editing: Legal-ethical guidelines for South Africa” South African Journal of Science (SAJS)
  • (2020) “The national material transfer agreement: Proposals for improvement and pointers for implementation.” BMC Medical Ethics
  • (2020) “Human Biological Material” LAWSA
  • (2020) “COVID-19 and quarantine orders: A practical approach based on human rights.” South African Medical Journal (SAMJ)
  • (2020) “Contact tracing during the COVID-19 pandemic: Protection of personal information in South Africa.” South African Journal of Bioethics and Law.
  • (2020) “Sanctity of the human genome as foundation of life” Medical Archives Journal
  • (2011) “The application of the Consumer Protection Act in the South African health care context: Concerns and recommendations.” The comparative and International Law Journal of southern Africa.
  • (2015) “Legal Implications of translational promises of unproven stem cell therapy.” South African Journal of Bioethics and Law
  • (2016) Stem cell processing – Chapter 1. “Stem cell therapy: accepted therapies, managing the hope of society and a legal perspective.” Springer Nature
  • (2017) “Using comics to adequately communicate contract cancellation: a survey of pre-owned vehicle buyers in Pretoria, South Africa.” The Comics Grid: Journal of Comics Scholarship
  • (2019) “Safeguarding the future of genomic research in South Africa: Broad consent and the Protection of Personal Information act No.4 of 2013.” The South African Medical Journal.