SCA ruling on euthanasia welcomed

Published Dec 7, 2016

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THE Justice Alliance of SA and the Hospice Palliative Care Association of SA have welcomed the Supreme Court of Appeal’s overturning of a ruling by a lower court granting a terminally ill patient the right to assisted suicide, thus maintaining the ban on the practice.

The judgment, released on Tuesday, sets aside the ruling of Judge Hans Fabricius, which allowed terminally ill advocate Robin Strantham-Ford physician-administered euthanasia.

The ruling that Parliament must decide “right to die issues” has been welcomed by HPCASA, and Jasa which acted as amicus curiae– an impartial adviser to a court of law in a particular case – and worked in partnership with the Roman Catholic Church of SA in “ensuring that the appeal” by the State was overturned.

Jasa chief executive John Smyth said: “Jasa is delighted that all the arguments advanced by advocate Darryl Cooke were accepted by the court and obviously of assistance to it.”

HPCASA said: “The Hospice Palliative Care Association of SA welcomes the judgment which sets aside the court ruling of Judge Fabricius allowing Strantham-Ford physician-administered euthanasia or physician-assisted suicide.”

Cancer patient Stransham-Ford died last year just before the North Gauteng High Court in Pretoria issued the groundbreaking ruling, against which the Ministry of Justice lodged an appeal.

“We are relieved that the SCA correctly stated the law as this decision could have far-reaching implications on the constitutionally entrenched right to life and our common law crimes of murder and culpable homicide,” a statement quoted Justice Minister Michael Masutha as saying.

Archbishop Emeritus Desmond Tutu, who has been hospitalised several times this year, has spoken out in favour of assisted suicide.

Dignity SA, in favour of the right to die, did not comment yesterday. Its founder Sean Davison, who has admitted assisting patients to die, said he would make a statement today.

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