For Medical Professionals

Legal status

Medically assisted dying in South Africa

Medically assisted dying is currently not legal in South Africa. DignitySA lodged its application on 9 April 2026 in the North Gauteng High Court in Pretoria, asking the court to declare the current blanket common-law prohibition unconstitutional and invalid.

The application asks that Parliament be instructed to write context-appropriate legislation within 24 months. The proposed class of persons is competent, informed people suffering from an irremediable or terminal condition causing unbearable suffering that cannot be alleviated by an acceptable treatment option.

DignitySA also emphasises the need for effective safeguards to protect vulnerable persons from abuse.

Consent and refusal

Patient and family rights around life-sustaining care

Section 8 of the National Health Act says a health service may not be provided without the user's informed consent. Section 6 requires disclosure of health status, diagnostic and treatment options, risks, benefits, costs, consequences and the right to refuse treatment.

If the user cannot give informed consent, consent may be given by a person mandated in writing, someone authorised by law or court order, or, where there is no mandate or authorisation, the spouse or partner, then parent, grandparent, adult child, brother or sister in that order.

Doctors must respect decisions by mandated persons or legally recognised next of kin about withholding or withdrawing life-sustaining treatment, as if the patient were making the decision.

Advance directives

Section 7 Mandates and living wills in practice

A Section 7 Mandate is explicitly mentioned in the National Health Act and is legally binding. A living will or statement of wishes is not explicitly named in South African law, but it can guide the proxy, family and clinical team and provide evidence of the person's wishes.

In practice, the strongest approach is to ask patients to appoint a trusted person in writing, describe the values and outcomes that matter to them, and ensure the document is available to family members and relevant clinicians.

Palliative care

Training, referral tools and interdisciplinary support

Palliative and hospice care are still poorly understood by many professionals and members of the public, which can make referral feel like a death sentence. Palliative care is comprehensive support that should ideally begin from diagnosis with a life-threatening illness.

Practitioners can use eligibility guides, interdisciplinary provider support and short courses to improve referral confidence and patient-centred conversations.