Under current South African law, assisted death is considered murder.
South Africa's ban on assisted dying is now at the center of a constitutional challenge, with critics arguing that it violates fundamental rights and human dignity.
Non-profit organization (NPO) DignitySA confirmed on Thursday, April 9 that it has filed an application in the Gauteng High Court to declare the country's current “complete ban” on assisted dying unconstitutional and invalid.
Under current South African law, assisted death is considered murder.
The Minister of the Department of Health and Justice and Constitutional Development, the National Director of Public Prosecutions (NDPP), and the Health Professions Council of South Africa (HPCSA) are cited as respondents.
DignitySA wants to legalize assisted dying
At the heart of DignitySA's application is the argument that the Constitution supports a right medical aid in dying Under certain conditions.
During Thursday's media briefing, DignitySA co-founder Willem Landman said the organization's position is based on the four rights in the South African Constitution, which he believes collectively underpins such rights.
He pointed out that the current legal position is in direct conflict with these constitutional protections.
“We have a standoff. Our existing law, our common law says this is murder.
He said, “We believe our Constitution says this is a right we have under appropriate circumstances and with the necessary safeguards. This contradiction needs to be resolved.”
Landman criticized the unequal and undignified experiences of death under the current system.
The professor argued that losing one's dignity at the end of life is “disrespectful and unacceptable”, and stressed that “more compassion“should be shown.
“We need recognition of constitutional rights. We need more equal treatment.”
“Some people die light and easy deaths. Others, through no fault of their own, die very hard deaths, and we believe that is unjust.”
He explained that DignitySA wants to prove that medical aid in dying is not fundamentally different from palliative care.
Proposed legal reforms
According to Landman, NPO Is seeking an order that would require lawmakers to introduce legislation governing assisted dying.
This must be done within two years during the period in which the declaration of invalidity is suspended.
“If the court declares medical aid in dying illegal, unconstitutional and invalid, a void will be left.
“The court cannot write a law that will regulate, manage and regulate medical aid in dying in South Africa with all the safeguards in place.
“We therefore request the court to direct Parliament to write a law legalizing medical assistance in dying within 24 months,” he said.
He explained that DignitySA aims to show that medical aid in dying is not fundamentally different from palliative care.
“We believe that they are on the same continuum, that they are synergistic and that they should be in harmony.”
personal matters
DignitySA's court papers include a series of case studies intended to illustrate the humanitarian impact of the current legal framework.
It presented details of 11 deceased persons, as well as one surviving applicant, Dieter Hark, who suffers from motor-neurone disease.
Examples cited include Carole de Swardt, who chose assisted death in Switzerland; and former Inkatha Freedom Party (IFP) MP Mario Oriani-Ambrosini, who died by suicide after being diagnosed with lung cancer.
The organization argues that their experiences reflect what it calls “forced suffering” created by the ban on assisted dying.
Landman said the issue has been on Parliament's radar for decades, yet no meaningful legislative action has been taken.
“The court's order is necessary to compel the state to promptly correct these constitutional defects.”
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