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The legal status of medically assisted dying in South Africa

Medically assisted dying is currently not legal in South Africa, and in 2025, DignitySA submitted a court case to challenge this. In 2016, when the Supreme Court of Appeal (SCA) overturned the High Court’s groundbreaking ruling in favour of Robin Stransham-Ford’s application, the SCA's reasoning and the overall context of the case established a promising, albeit indirect, legal precedent in South Africa.  At the time, the core of the debate was framed in terms of constitutional rights vs. common law prohibition, and this elevated the issue from a purely criminal matter to a constitutional one, laying the foundation for future, better-prepared challenges such as ours.

In its Founding Affidavit, DignitySA has asked 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 medical assistance in dying for competent, informed persons suffering from an irremediable or terminal condition that causes them unbearable or intolerable 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.