The Last Right: Why South Africa’s Law on Assisted Dying Must Fall

In a quiet room at the Baxter Theatre, an actor’s performance lays bare a devastating reality faced by countless South Africans behind closed doors. It’s the story of a person in unbearable, untreatable pain, pleading with their loved one for a merciful end. This fictional plea echoes a real-life legal and ethical battle brewing in our nation: the fight to legalise assisted dying for the terminally ill.

Currently, our common law treats any assistance with dying as murder. It draws no distinction between a violent crime and a compassionate act aimed at ending protracted suffering. This blanket ban, however, is increasingly seen as a brutal anachronism, one that stands in direct opposition to the very heart of our post-apartheid Constitution.

The Constitutional Heart of the Matter

The case for change is not built on sentiment alone; it is rooted firmly in the Bill of Rights. Section 10 guarantees everyone inherent dignity. Section 12 guarantees the right to freedom and security of the person, which includes the right to make decisions about one’s own body.

When an individual is trapped in a dying process marked by unrelenting agony, with no hope of recovery, their dignity is systematically stripped away. The inability to choose a peaceful death represents a final, cruel erosion of their personal autonomy. The right to life, as argued by advocates, is not merely a right to biological existence, but to a life imbued with dignity. For some, a dignified death is the final right they seek to claim.

Palliative Care: A Partner, Not a Panacea

A common counter-argument is that better palliative care is the solution. This sets up a false choice. The push for assisted dying runs in parallel with the urgent need for expanded, high-quality palliative care across South Africa. Palliative care is a fundamental right and should be available to all from diagnosis.

However, even the world’s best palliative care cannot eliminate all suffering for every single patient. For a small minority, pain remains intractable and unbearable. For them, assisted dying is not a rejection of care, but the compassionate final step in their journeythe desired conclusion of a holistic palliative approach that respects their ultimate choice.

Navigating Fear with Robust Regulation

The path to legal recognition will be long and arduous. Critics raise valid fears of a “slippery slope,” potential coercion of the vulnerable, and impacts on the doctor-patient relationship.

These are not arguments against the principle, but for meticulous regulation. Legislation can and must be built on strict, evidence-based safeguards. This includes:

• Strict Eligibility: The person must be mentally competent, have a terminal or irremediable condition, and be suffering unbearably.

• Independent Assessment: Multiple, independent doctors must confirm the diagnosis and the patient’s persistent, voluntary request.

• Robust Process: Requests must be repeated over a cooling-off period, with ample opportunity to rescind consent at any time.

South Africa can look to the decades of experience in other countries, including socio-economic peers in Latin America, to design a system that is both compassionate and safe.

A Call to Complete Our Moral Courage

South Africa has a proud history of pioneering progressive jurisprudencefrom abolishing the death penalty to legalising same-sex marriage and affirming reproductive rights. We have consistently chosen autonomy and dignity over paternalistic control.

It is now time to close this circle of moral courage. Recognising the right to a dignified death, under strictly regulated circumstances, is the next logical step in fulfilling the Constitution’s promise. It is time for our laws to catch up with our humanity, and allow compassion to have the final word.

{Source: IOL}

Follow Joburg ETC on Facebook, Twitter , TikTok and Instagram

For more News in Johannesburg, visit joburgetc.com