DignitySA’s Constitutional Court challenge to decriminalise medically assisted dying will not be opposed by the National Director of Public Prosecutions (NDPP), it said in a notice last week, leaving only the Health Minister and the Health Professions Council of SA (HPCSA) to contest the case, reports Business Day.
The NDPP was the last of the four respondents cited in DignitySA’s case to state its position, with the Justice & Constitutional Development Minister having previously indicated that the department would abide by the court’s decision.
In April, DignitySA launched its bid in the Gauteng High Court (Pretoria) to legalise medically assisted dying, arguing that the current ban conflicts with the constitutionally enshrined rights to human dignity and bodily autonomy.
Its campaign seeks to enable people suffering from a terminal illness or condition with no hope of cure or recovery to access medical assistance in dying, subject to strict criteria.
“Under the current common law, any doctor or loved one who assists any suffering person to die may be prosecuted for murder. The decision by the country’s highest prosecuting authority not to oppose the application reflects a recognition that the Minister of Health is the most appropriate party to air the substantive arguments,” said DignitySA chairperson and co-founder Willem Landman.
DignitySA’s High Court application seeks an order declaring the blanket common law prohibition of medical assistance in dying (MAiD) unlawful, invalid and unconstitutional, and directing Parliament to pass appropriate legislation to resolve the issue.
It has also asked the court to suspend the declaration of invalidity for 24 months to give Parliament time to develop a legislative framework with appropriate safeguards before MAiD is implemented.
The organisation will ask the Deputy Judge President of the North Gauteng High Court for a case management directive to set timelines for the parties to file their papers.
Health Minister Aaron Motsoaledi has undertaken to submit his arguments by tomorrow.
See more from MedicalBrief archives:
ConCourt should shape legal position on right to die – DignitySA
DignitySA launches legal challenge for assisted dying