Zelda Venter
PRETORIA: Cape Town advocate Robin Stransham-Ford, who is terminally ill with prostate cancer, was due to know today whether doctors may assist him to die.
He asked Gauteng Division of the High Court in Pretoria Judge Hans Fabricius to declare that he may end his life by way of assisted death.
The 65-year-old, who is dying but would like to do this with dignity, is asking for an order that he may ask a medical practitioner to end his life.
As the law now stands, assisted suicide is illegal and the doctor who assists a patient in this regard can be criminally prosecuted.
Stransham-Ford, however, is asking Judge Fabricius to declare that the medical practitioner who assists him not be held accountable in any way – either criminally or civilly.
The ministers of Health and Justice, the Health Professions Council of SA and the national director of public prosecutions opposed the application, as did Doctors for Life and NGO Cause for Justice, who were admitted as friends of the court.
But following a day of debating the legal as well as the moral issues, most of the parties, by late yesterday, conceded to a possible draft order which may allow Stransham-Ford to be assisted in dying. This proposed draft is expected to be streamlined today after the input from counsel of Justice Minister Michael Masutha. Judge Fabricius will only then make his final order.
The terms of a possible order which were debated included that a doctor who is willing to assist may do so by either administering a “lethal agent” to Stransham-Ford or provide him with this to administer himself.
It was further proposed, the order read, that any doctor who acceded to this request shall not act unlawfully and thus not be subjected to criminal prosecution. It was also debated that if granted, this order would be applicable only to this case, as each case in future would have to be dealt with on its own merits.
At the start of proceedings the judge ruled the matter was urgent, but the respondents said the matters were too vast to be heard on an urgent basis.
But the judge questioned “what other remedy is open to the applicant”. ”It is not correct to say from now on it will be a free-for-all.”
He questioned what would happen if a doctor injected a terminally ill patient with an overdose of morphine. “Is that not a classic case of dolus eventualis(knowing death is going to occur and reconciling yourself with it)?”
It was argued on behalf of the applicant that he had a right to die with dignity, but our law does not allow it. “We are inclined to treat our animals better,” the advocate said, adding that people connected to life support were in a better position as they could simply ask for it to be switched off.
While the respondents said they had sympathy with the applicant, he had no right to involve a third party – a doctor – to assist him. It was argued that he could commit suicide.
One of the biggest concerns was that if the order was granted, it would open the floodgates for others to follow.
It was said while this applicant had the means to turn to court, the poor did not. Other arguments included that it was a criminal offence to assist someone in dying.
While the legal and moral aspects were debated, the judge repeatedly referred to the pain Stransham-Ford was suffering.
Members of lobby group Dignity SA protested outside court, showing their support for Stransham-Ford.