our goals for 2024

HELP FUND THE DIGNITYSA COURT CASE

For at least the last 25 years, there have been lively public debates about assisted dying in South Africa. These debates were sparked by the rights in the Constitution (1996) and the South African Law Commission (SALC) report on end-of-life choices (1999).

For many people, the ethics of assisted dying is based in personal and religious beliefs. Some hold the view that there is no basis for medical assistance in dying and that palliative care is sufficient. For others, there comes a time when palliative care no longer relieves their intractable and unbearable suffering, and they wish to be able to choose to die in a manner and at a time of their choosing.

Should assisted dying be a legal option for those who wish to choose it based on their circumstances and their personal beliefs?

In our constitutional dispensation, this is a question which must be answered with reference to the rights entrenched in the Constitution, and not based on the personal and religious beliefs of lawmakers.

DignitySA believes that the constitutional rights of bodily integrity and dignity support the right to choose assisted dying in appropriate circumstances. Yet, our common law makes assisted dying a criminal offence.

In 2016, the Supreme Court of Appeal (SCA) said that this is a deficiency in our law that will be “rectified” when an appropriate case is brought before the court. The SCA further recognised DignitySA as an organisation that could act in the public interest in such a case.

And that is exactly what DignitySA is doing now. Our pro bono attorneys are Lopes Attorneys from Rosebank in Johannesburg. By the time we file our founding affidavit early 2024, our counsel and legal strategy will become public knowledge.

DignitySA’s court application enjoys the support of several prominent medical doctors.

Judging by its past actions, the government will likely oppose DignitySA’s application in the High Court. The losing party will then likely appeal the next highest court, ending in the SCA, and, thereafter, the Constitutional Court.

The Government can utilise – effectively limitless – taxpayer-generated funds to oppose DignitySA’s application in all three courts. (Government in this case consists of the Minister of Health, the Minister of Justice and Correctional Services, the Health Professions Council of South Africa, and the National Prosecuting Authority.)

The legal process could take several years. It will require far more professional time than can be rendered solely through pro bono work.

DignitySA estimates that we would need about R4-5 million to cover all expenses relating to these proceedings until the matter is finally determined in the Constitutional Court. We are fortunate to have already received generous donations in the amount of R1.1 million.

We appeal to those of you who support the rights of South Africans to bodily integrity, autonomy to make choices about our own lives and our bodies, and to live and die with dignity, to consider donating to this cause. To this end, we will open a payment portal on our website.

At this point, we have a unique opportunity to make this change possible, with several individuals committed to dedicating substantial time to this cause. We fear that if we miss this opportunity, it will be many years before South Africa will pass compassionate assisted dying legislation.

The constitutional rights of people with intractable and unbearable suffering – potentially every one of us – are at stake.