History and activities of Dignity South Africa
Founding
Founded in 2011, by Professors Sean Davison (UWC) and Willem Landman (US)
Legal status
Registered Nonprofit Organisation (NPO), with registration number 097-936-NPO (30 January 2012)
Registered Public Benefit Organisation (PBO), with income tax reference number 9050/247/22/1 (5 April 2018)
Registered business address: 79 Longlands Country Estate, Polkadraai Road, Vlottenburg, Stellenbosch, 7604, South Africa
Accountants and auditors: Silverstone Financial Solutions, Stellenbosch
Vision
A South African legal order that recognises the constitutional right of qualifying individuals to choose a medically assisted death
Mission
To persuade the High Court to decriminalise medically assisted voluntary death by removing its current blanket common-law prohibition [“assisted dying” is defined as both medically assisted voluntary self-administered death (VSAD) and medically assisted voluntary physician-administered death (VPAD)];
To persuade the High Court to instruct Parliament to legalise and regulate assisted dying in a manner that is appropriate for South African circumstances; and
To serve as a resource for and advise on all end-of-life options.
Executives
Sean Davison
Lynne Grubb
Willem Landman (chair)
Finances
Dignity SA is funded by donations generated through its website and social media.
A large number of small donations from a sympathetic public are made through our website.
A bequest of R1 million in early 2023 enabled DignitySA to commence its current court application.
A donation of R1 million in 2024 enabled DignitySA to step up this legal process.
Core activities
Activism toward legal change in South Africa (8 below)
Resource on end-of-life choices (9 below)
Advice on end-of-life choices (10 below)
Academic, media, and international activist engagements (11, 12 & 13 below)
DignitySA does not participate in assisted dying, but executive members are free to act in their personal capacities by their conscience. Hence Sean Davison served non-custodial criminal sentences in both New Zealand (for assisting his mother with dying) and South Africa (for assisting three individuals suffering terribly from terminal conditions with dying).
Activism towards legal change in South Africa
Obtained pro bono legal representation for Adv Robin Stransham-Ford for his application to be granted legal permission to be lawfully medically assisted with dying (North Gauteng High Court, 2015). With Judge Hans Fabricius presiding, Stransham-Ford was granted such permission.
On appeal, the Supreme Court of Appeal (SCA, 2016) overturned this ruling. Among others, a full bench of the SCA held that
DignitySA should have been up-front about its supportive role in the legal proceedings (DignitySA acted on legal advice); and
DignitySA was a legitimate entity to act in the public interest in a future case to “rectify” the “deficiency” in our law (common law versus constitutional rights).
The National Health Act Amendment Bill (2018): With parliamentary legal team, DignitySA wrote an amendment to the National Health Act (61 of 2003) to legalese advance directives (living will and durable power of attorney for healthcare). A new election and new parliament, and then Covid-19, put an end to this initiative.
The Harck/Walter court application (2017-2022): The pro bono advocates in the Stransham-Ford cases initiated a new court application with Mr Diethelm (Dieter) Harck and Dr Sue Walter as applicants.
DignitySA was not a party to proceedings but supported the applicants. During Covid-19 (2021), a judge heard testimony via the internet, but he died shortly after the conclusion of proceedings.
In December 2022, DignitySA persuaded Mr Harck to abandon his court application and invited him to join DignitySA’s current court application.
Current court application: After obtaining strategic advice, DignitySA assembled a legal team and embarked on the current court application in January 2023.
Resource on end-of-life choices
The DignitySA website (www.DignitySouthAfrica.org) provides resources for end-of-life decision making, such as templates for advance directives, including living wills.
Visitors to the website who seek assistance with dying are made aware of The Peaceful Pill Handbook which sets out methods for legal self-administered death in the absence of legal and more humane options.
Sean Davison published three books on assisted dying, the last on his house arrest sentence for assisting three individuals with dying in South Africa.
Before we say goodbye;
After we said goodbyes: The price of helping my mother die; and
The price of mercy: A fight for the right to die with dignity.
Advise on end-of-life choices
Executive members of DignitySA have handled hundreds of requests for advice on end-of-life options and choices.
Advice relates to requests for assistance with dying; requests for referrals to doctors who would be willing to assist with dying; advance directives; and pleas for help when hospitals or doctors override patients’ or surrogates’ informed consent by refusing to terminate life-sustaining treatment.
The latter sometimes calls for a meeting of attending doctors, family and DignitySA where medical professionals are informed that overriding informed consent is contrary to the National Health Act (61 of 2003) and constitutes assault, as confirmed by the Supreme Court of Appeal (SCA) in Stransham-Ford (2016).
Academic engagements
Publications
Peer-reviewed articles published worldwide
Several book chapters
An e-book by Willem Landman on the South African Law Commission (SALC) report on end-of-life choices (1998), published in Switzerland in 2012
PhD, MA and MPhil thesis internal and external examination (philosophy; law)
University courses in graduate programs
Lectures
At medical schools (Pretoria, Wits, Free State, KZN, Stellenbosch and UCT)
In Europe, North America and Africa
Media engagements
Printed media: Interviews; newspaper, journal and electronic media articles; and feature articles on DignitySA’s activities and individuals in DignitySA
Radio: Approximately 150 interviews
Television: Approximately 35 interviews
International activist engagements
DignitySA is a member of The World Federation of Right to Die Societies (consisting of members from 80 countries).
Prof Sean Davison is a past chairperson of the World Federation.
DignitySA hosted the two-yearly World Federation Conference (Cape Town, 2018).
Willem Landman
11 August 2024