Medical Assistance in Dying
DignitySA’s CONSTITUTIONAL CHALLENGE
On the 9th of April 2026, we lodged our application regarding medical assistance in dying (MAiD) with the North Gauteng High Court in Pretoria. In our Founding Affidavit DignitySA asks the motion court to declare the current blanket common-law prohibition of assisted dying unconstitutional and invalid, and to instruct Parliament to write, within 24 months, legislation that is appropriate for South Africa.
DignitySA’s constitutional challenge is to allow for medical assistance in dying for competent, informed persons suffering from an irremediable or terminal condition that causes them unbearable suffering that cannot be alleviated by an acceptable treatment option (e.g., palliative care). Our challenge also outlines the importance of and considerations for implementing effective, context-appropriate safeguards that will protect vulnerable persons from abuse.
The court documents that we submitted are public documents now and will be provided below. For more of the latest news on our case, please follow us on Facebook, visit the media archives in News section and sign up as a member (it’s free) to receive our newsletter, Dignity Matters.