Advance Directives

The current legal status of advance directives

A section 7 mandate (4.1.2) is explicitly mentioned in the National Health Act of 2003 and is a legally binding document. Whereas a living will, or statement of wishes, is not explicitly mentioned in South African law, documents like these are very helpful as they provide guidance to your mandated person, next of kin, and healthcare team when you cannot speak for yourself, and they hold value as evidence of what you would have wanted.

In 2025, DignitySA helped to initiate a multi-stakeholder campaign to ensure that there is a sound legal basis for advance directives in South Africa, and for the latest news in this regard, you can visit https://www.advancedirectives.org.za/