The National Director of Public Prosecutions will not oppose a landmark court application seeking to decriminalise and legalise medical assistance in dying in South Africa.
DignitySA, a non-profit organisation advocating for end-of-life rights, welcomed the decision after the NDPP filed a notice on 15 July indicating it would abide by the North Gauteng High Court’s ruling.
The prosecuting authority is the last of four respondents to make its position known in the case. Its decision means the two parties responsible for the criminal-justice dimension of the application – the NDPP and the Minister of Justice and Constitutional Development – will accept whatever the court decides.
Current law and proposed changes
Under current common law, any doctor or family member who assists a suffering person to die can be prosecuted for murder. DignitySA applied to the North Gauteng High Court in April this year to have this blanket prohibition declared unlawful, invalid and unconstitutional.
The organisation wants Parliament to create legislation within 24 months that would allow medical assistance in dying for people with terminal or irremediable conditions. Access would be limited to mentally competent individuals who make a voluntary request for themselves and meet strict criteria.
Willem Landman, chairperson and co-founder of DignitySA, said the NDPP’s decision carried particular weight. “The decision of 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,” he said.
Constitutional arguments
Vuya Ilengou, a director of DignitySA, said the case was rooted in South Africa’s constitutional commitments to equality, dignity, freedom of person, and meaningful life. “The Department of Health is mandated to provide a structured, uniform health system that ensures equitable, accessible, and quality healthcare for all in South Africa. We await the Minister’s response in light of his department’s mandate,” Ilengou said.
The Minister of Health and the Health Professions Council of South Africa will however oppose the application. DignitySA plans to approach the Deputy Judge President of the North Gauteng High Court for a case management directive to set timelines for the opposing parties to file their papers.
DignitySA was founded in 2011 and has spent 15 years advocating for the right of South Africans to choose a dignified end when facing intractable and unbearable suffering.
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