Assisted dying is not legal in South Africa.
The Supreme Court of Appeals has overturned a 2015 ruling that allowed Robin Stransham-Ford to “die with dignity” by way of euthanasia.
The 2015 rule was granted by the South African High Court.
Stransham-Ford died a few hours before the High Court ruling was delivered.
The Supreme Court of Appeals took the view that the High Court decision ceased to exist once the applicant died before the order could be granted,” a spokesperson said.
The Appeals Court also noted the high court made their ruling on Stransham-Ford on an “incorrect and restricted factual basis,”.
They said there was “no full and proper examination of the present state of our law in this difficult area.”
The Justice Alliance of South Africa (JASA) is pleased with the Appeals’ Court’s ruling as Parliament will have to decide the issue.
JASA is a “friend of the court” in this case.
“The Supreme Court of Appeal recognised that this issue of the right to choose ones moment of dying is a moral issue,” JASA CEO John Smyth said.
“It’s very rare that the courts talk about moral issues. In this case the Judge Malcolm Wallis said very clearly that the court was dealing with issues engaging profound moral questions which are beyond the remit of judges to determine.
“So I think for that reason it is a landmark judgment.
“The court is saying it’s not for the court to make decisions about moral issues it must go to Parliament.”
Views are mixed about the new ruling.
Some euthanasia advocates say assisted suicide is a “human rights” issue.
Others feel differently.
“In as much as it’s not good to see a loved one suffering, I feel it’s very wrong to take somebody’s life,” one says.
Source
- CNA
- SABC
- Mail & Guardian
- Image: Law Live
