DignitySA's landmark legal challenge to legalise assisted dying in South Africa
DignitySA approached the North Gauteng High Court this week to initiate a historic legal process aimed at decriminalising and legalising assisted dying.
Image: Sora
DignitySA approached the North Gauteng High Court this week in a landmark legal effort to decriminalise and legalise assisted dying in the country.
The constitutional challenge is the culmination of 15 years of advocacy, seeking to uphold the right for those facing unbearable and intractable suffering to choose a dignified end.
The core application requests the court to declare the existing common-law prohibition of assisted dying unconstitutional and invalid, paving the way for a significant shift in the nation’s approach to end-of-life care.
DignitySA, which has been at the forefront of the movement, defines assisted dying as medically-assisted death that can be either self-administered or administered by a doctor, subject to strict eligibility criteria and robust safeguards.
Central to the legal battle is the assertion that the current legal framework fails to protect the dignity of individuals in their final moments.
"Our Constitution looks compassionately upon those who face terrible deaths while our current legal tradition fails to protect their dignity," Willem Landman, chairperson and co-founder of DignitySA, said.
"We are asking the court to recognise that a person’s human dignity is severely diminished when they lose control over the manner of their dying."
DignitySA is advocating that individuals who meet certain stringent criteria, including mental competence and suffering from an irremediable condition, should have the right to seek assisted dying, provided they make a voluntary request.
Their legal strategy outlines a threefold approach:
- Declare the blanket common-law prohibition of medically assisted dying unconstitutional and invalid.
- Direct Parliament to remedy this constitutional defect by enacting appropriate legislation within 24 months.
- To suspend the declaration of invalidity for 24 months, allowing Parliament time to implement an appropriate assisted-dying regime.
DignitySA underscores that assisted dying should be viewed as an essential aspect of the palliative care continuum.
"While we champion the expansion of high-quality palliative care, it cannot always mitigate the all-consuming suffering some patients endure," added Vuya Ilengou, spokesperson for DignitySA.
The legal challenge, built on years of preparation, has gained momentum with the backing of prominent medical professionals who argue that, when responsibly practised, assisted dying aligns with the core principles of medical ethics.
A petition has been set up to garner signatures in support of the cause via amandla.mobi