ASSISTED DYING

DignitySA’s Constitutional Challenge

Before the end of 2025, DignitySA will approach the North Gauteng HIgh Court in Pretoria with its assisted dying application. In its Founding Affidavit, DignitySA will ask 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 will be 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.

Below is a depiction of how our case is likely to unfold over the next few years. For more the latest news on our case please visit our blog (5.1) and our social media platforms on Facebook and Instagram

(Insert infographic of the path to legalising assisted dying in South Africa)