Legal and Ethical Issues concerning Biobanking and Genomic Data Governance in Uganda and South Africa

Accelerating developments in biobanking and genomics have revolutionised biomedical innovation, precision medicine, and public health governance in many parts of the world. In Africa, many countries, including Uganda and South Africa, have increasingly adopted genomic science to tackle disease burden, strengthen health care delivery systems, and enhance biomedical research. However, the developments in biobanking and genomics pose various legal, regulatory, ethical, and social issues in relation to informed consent, confidentiality, data security, ownership of biological samples, benefit sharing, commercialization, and international transfer of genomic data. This article provides a critical analysis of the legal and institutional frameworks governing biobanking and genomic data governance in Uganda and South Africa. Adopting a comparative doctrinal approach, the article undertakes an analysis of constitutional provisions, statutory laws, ethical standards, and institutional frameworks that govern genomic research and biobanking activities in Uganda and South Africa. Through this analysis, the article highlights regulatory deficiencies, institutional weaknesses, and new challenges that arise from digital health technologies and international collaborations in genomics. Ultimately, the article advocates for the harmonization of genomic governance frameworks in Africa through rights-based, ethical, and culturally sensitive approaches.