LEGAL CLARITY SOUGHT:
ADVANCE DIRECTIVES (LIVING WILLS)
WITH YOUR HELP, ADVANCE DIRECTIVES COULD SOON BECOME
LEGALLY ENFORCEABLE INSTRUCTIONS.
As many are aware, Advance Directives – although ethically acceptable – are currently not recognised as legally enforceable instructions in terms of South African law. Hopefully not for much longer thanks to the Congress of the People (COPE), who not only recognise our right to autonomy and agree that our end-of-life choices should be respected, but have actually done something about it. It has been our absolute honour to contribute towards this groundbreaking development of the law.
Congress of the People MP, Deidre Carter, has served notice of her intention to introduce in Parliament a Private Members Bill - the National Health Amendment Bill, 2018, the purport of which is to:
Provide for legal recognition, legal certainty, and legal enforceability regarding ADVANCE DIRECTIVES (such as the Living Will and Durable Power of Attorney for Healthcare.
The Bill may, after introduction, be obtained from: The Congress of the People (COPE) PO Box 15, Cape Town, 8000 Attention: Mr Rodger Ferguson. Telephone: 021 403 8898 Facsimile: 086 415 1002 E-mail: firstname.lastname@example.org
Interested parties and institutions are invited to submit written representations on the proposed content of the Draft Bill to the Speaker of the National Assembly within 30 days of the publication of this notice. Representations can be delivered to the Speaker, New Assembly Building, Parliament Street, Cape Town; mailed to the Speaker, P O Box 15, Cape Town 8000 or e-mailed to email@example.com and copied to firstname.lastname@example.org. See below for sample letter.
CALL TO ACTION
NOW is the time to have your voice heard
If you support COPE's Private Members Bill which seeks to legalise Advance Directives (Living Wills and Durable Power of Attorney for Healthcare), you need to submit representations to Parliament before 25 AUGUST 2018. These representations are imperative if we want this Bill to gain traction. We cannot succeed without your participation.
Below a sample letter to which you can also add your own personal motivation.
CALL FOR PUBLIC REPRESENTATIONS: DRAFT NATIONAL HEALTH AMENDMENT BILL, 2018
In response to the call for written representations on the proposed Draft National Health Amendment Bill, 2018, I wish to advise that I support the proposed legal recognition, legal certainty and legal enforceability regarding Advance Health Care Directives such as the Living Will and the Durable Power of Attorney for Healthcare.
(Insert your full names here)
PRESS CONFERENCE: 6 AUGUST 2018
On 6 August 2018 Congress of the People and DignitySA held a joint press conference, resulting in good coverage throughout the country via radio, TV, print, and social media.
Read the statement of Deidre Carter, MP here.
Read the statement of Professor Willem Landman here.
Watch Deidre Carter on eNCA here.