Position, academic and professional qualifications
Prof Annelize Nienaber holds the degrees BHons (English) HDE (Wits) LLB LLM (Pret) Dipl Datametrics (Unisa) LLD (Pret). Prof Nienaber is an editor of the African Human Rights Law Journal and an associate editor of the Journal of Contemporary Roman-Dutch Law and an assistant editor of De Jure. She obtained a C2 NRF-rating in November 2015.
Academic and professional experience
Prof Nienaber was appointed as senior lecturer in 1999 in the Department of Legal History and was promoted to associate professor in 2008. She was appointed as the Head of the Department of Public Law with effect 1 July 2017. She is admitted as an advocate of the High Court of South Africa. She is the legal advisor and deputy-chairperson to the Faculty of Health Sciences Research Ethics Committee and the Chairperson of the Faculty of Law’s Research Ethics Committee. She was the Chairperson of the University’s Disciplinary Committee (Students) from 2008 to 2010.
She lectures International law 410, Public law 320 and Legal Problems of HIV and AIDS 410 at undergraduate level, and international law, human rights law and bioethics at postgraduate level in the Faculty of Law. She lectures in the Faculty of Health Sciences on selected topics in human rights, research ethics and medical law.
- Skills Workbook for Law Students (Juta, 2002 & 2011) (co-authored with A Kok and F Viljoen)
- English for Law Students (Juta, 1997 & 2002 & 2010) (co-authored with C van der Walt)
- “The utility of international human rights law on informed consent in the protection of clinical research participants in Africa: ‘The road less travelled’” (2007) 22 SA Public Law / SA Publiekreg 422
- The accountability of states for human rights abuses by non-state actors during preventive HIV vaccine efficacy trials in Africa” (2007) 32 South African Yearbook of International Law 429
- “The protection of participants in clinical research in Africa: Does domestic human rights law have a role to play?” (2008) 1 African Human Rights Law Journal 138-162
- “The researcher’s liability for HIV-related clinical research without the participant’s informed consent: South Africa’s common law, case law and legislation” (2008) 3 Journal for Contemporary Roman Dutch Law 364
- “The statutory regulation of children’s participation in HIV-related clinical research: More questions than answers” (2008) 4 Journal for Contemporary Roman Dutch Law 671
- "Informed consent to participation in preventive HIV vaccine efficacy trials in the light of section 12(2)(c) of the South African Constitution" (2008) 33 Journal for Juridical Science 1
- “The regulation of informed consent to participation in clinical research by mentally ill persons in South Africa: An overview” (2010) 16 South African Journal of Psychiatry 42
- “‘The grave’s a fine and private place’: A preliminary exploration of the law relating to posthumous sperm retrieval for procreation” (2010) 25 Southern African Public Law 707
- “Consent to and authorisation of the export and use of human biological specimens for future research - perspectives from three African countries” (2011) 44 Comparative and International Law Journal of South Africa 225
- “Kinders se gesondheidsorg: Voldoen Suid-Afrikaanse wetgewing aan die land se verpligtinge ingevolge die Konvensie oor die Regte van die Kind en die Grondwet?” (with M Bchner-Eveleigh) (2012) 15 Potchefstroom Electronic Law Journal
- “A presumptuous beginner: Some thoughts on teaching international law at undergraduate level for the first time” (2012) 37 South African Yearbook of International Law 301
- “Consent to research by mentally ill children and adolescents: The implications of Chapter 9 of the National Health Act” (2013) 19 South African Journal of Psychiatry 19
- “Liability for the wrongful transmission of communicable diseases in South African prisons: What about HIV?” (2013) 28 Southern African Public Law 1
- “Disability and reasonable accommodation: HM v Sweden Communication No 3/2011 (Committee on the Rights of Persons with Disabilities)” (case discussion) (2014) The South African Journal on Human Rights (with Ilze Grobbelaar-Du Plessis) 366
- “The intentional sexual transmission of HIV: A note of caution in light of Phiri v S” (case discussion) (2014) 29 Southern African Public Law 659
- “Pregnant, dead, and on a ventilator: A few thoughts in response to Prof McQuoid-Mason” 2014(7) South African Journal of Bioethics and Law 47
- “Adolescent girls’ access to contraceptive information and services in South Africa: What is going wrong?” (Part I) (2015) 3 Journal for Contemporary Roman Dutch Law (with Remi Savage) 363
- “Adolescent girls’ access to contraceptive information and services in South Africa: What is going wrong?” (Part II) (2015) 4 Journal for Contemporary Roman Dutch Law (with Remi Savage) 541
- “Female adolescents’ evolving capacities in relation to their right to access contraceptive information and services: A comparative study of South Africa and Nigeria” (2015) Comparative and International Law Journal of South Africa (with Remi Savage) 98
Presentations at national and international conferences
- "Whose law? Whose consent? Problems related to informed consent in preventive HIV vaccine trials in Canada and South Africa" 'Law's Empire / L'empire du droit' conference, Harrison Hot Springs, BC, Canada 25 to 30 June 2005
- "The accountability of non-state actors for human rights abuses during preventive HIV vaccine efficacy trials in Africa" SABILA Conference, Pretoria, South Africa, 27 to 29 August 2007
- “Twin systems separated at birth: Human rights and ethics in the regulation of clinical research in Africa” 8th Hawaii International Conference on Arts and Humanities 2010 Hawaii USA, 13 – 17 January 2010
- “The Comprehensibility of Informed Consent Documents in HIV-Related Clinical Trials: A Case Study of the Consent Document Used in a South African HIV Antiretroviral Drug Trial” International Conference of the Humanities, Los Angelos, USA, 4 to 10 July 2010
- “Exploiting existing data for health research purposes: A view from the developing world” SHIP Conference, St Andrews, Scotland, 10 September 2011
- “Bioethics and Human Rights in the Regulation of Preventive HIV Microbicide Research in Africa” University of California (Los Angeles), USA, June 2011
- “Consent and authorisation to the export and use of human biological specimens for future research – perspectives from Nigeria, Kenya and South Africa” Legal aspects relating to the applications of biotechnology Conference, Pretoria, 21 August 2012
- “Research on children and adolescents with mental disabilities in South Africa: Is legislation bad for our children’s mental health?” Disability and the majority world conference, Manchester, UK, September 2012
- “A new kind of AIDS‐denialism in South Africa” Denialism and Human Rights Conference 22 & 23 January 2015, Maastricht, The Netherlands (Maastricht Centre for Human Rights, Maastricht University)
- “Ethical and legal challenges of new reproductive technologies: Could this happen in Britain and South Africa?” London Conference on Medicine and Law 2 – 9 January 2016, London, United Kingdom
Areas of Specialisation
Her main areas of interest are the law and ethics relating to medical research, international human rights law, international law theory, and the legal problems of HIV and AIDS.
Academic and professional memberships
She is a member of the International Association of Bioethics and a member of the International Law Association. She is an editor of the African Human Rights Law Journal and an associate editor of the Journal of Contemporary Roman-Dutch Law and an assistant editor of De Jure. She is a past national representative and current member of Clarity.
Awards and bursaries
She was awarded an NRF grant in 1998 to 1999 (with Prof F Viljoen) to conduct empirical research and a study tour of several countries and to host a Conference entitled "Plain legal language Conference and Workshop: Making South African law more accessible and understandable" at the University of Pretoria. In 2003 she was awarded a Fogarty Foundation / National Institutes of Health, USA scholarship to conduct research at Yale University on ethics and human rights in medical research.
She is a deputy-chairperson of the Research Ethics Committee of Faculty of Health Sciences and a member of the Animal Ethics Committee at the University of Pretoria. She is the chairperson of the Faculty of Law's Research Ethics Committee. She was also the chairperson of the University of Pretoria's Disciplinary Committee: Students from 2008 to 2010.