Department of Health to oppose DignitySA bid to legalise medically assisted dying

The Department of Health has told court it will oppose DignitySA’s application to decriminalise medically assisted dying in South Africa. The move was confirmed after the non-profit group updated the public on the status of its North Gauteng High Court challenge seeking to set aside the blanket common-law prohibition on medical assistance in dying (MAiD).

What DignitySA is asking the court

DignitySA lodged its application on 9 April 2026 in the North Gauteng High Court in Pretoria. It asks the court to declare the current blanket common-law prohibition on assisted dying unconstitutional, unlawful and invalid, and to suspend any declaration of invalidity for 24 months so that Parliament can draft MAiD legislation.

The organisation defines assisted dying as a medically assisted death that can be either self-administered or administered by a doctor, governed by eligibility criteria and safeguards. Its case is founded on rights in the Constitution, including the rights to human dignity, bodily autonomy, life and freedom.

Respondents and their positions

The application names four state and professional respondents: the Minister of Justice and Constitutional Development, the National Director of Public Prosecutions (NDPP), the Minister of Health, and the Health Professions Council of South Africa (HPCSA).

DignitySA said that, so far, it has heard from three of the four respondents. It reported that the Minister of Health and the HPCSA stated they will oppose the case, while the Minister of Justice has confirmed she will not oppose and will abide by the court’s decision. DignitySA said it has received no response from the NDPP, despite the deadline passing.

“We received papers, and we will oppose the matter.”

The Department of Health spokesperson Foster Mohale provided that statement when contacted for comment.

Case management and next steps

DignitySA said its next step is to request a meeting with the Deputy Judge President (DJP) of the North Gauteng High Court to seek a case management directive that would set timelines for remaining parties to file papers and govern future exchanges.

It also noted a preliminary court date set for 18 September, when it plans to ask the court to enforce a timetable if the meeting with the DJP cannot be secured.

Deadlines missed and outstanding affidavits

Willem Landman, chairperson and co‑founder of DignitySA, said that beyond indicating opposition, the respondents had not filed answering affidavits and had disregarded deadlines. He criticised the silence from the HPCSA about when it intends to file and said he was awaiting the Minister of Health’s answering affidavit by 31 July.

“This is no way to deal with High Court procedures and deadlines. Ours is a constitutional application that deals with real suffering and the needs of real people. It concerns constitutional rights. That deserves respect that appears to be sadly lacking.”

Landman added that he assumes the NDPP’s silence means it will abide by the High Court’s decision, reflecting the route chosen by the Minister of Justice.

Responses still pending

Requests for comment to the HPCSA and the NDPP were sent, but DignitySA reported that neither had responded.

The court challenge and the respondents’ filings will determine the timetable and next procedural steps in the matter.