Landmark Court Case Seeks to Legalize Medically Assisted Dying in South Africa
PRETORIA – For more than a decade, 76-year-old Dieter Harck has been fighting for the right to choose how he dies. This week, nonprofit organisation Dignity SA approached the North Gauteng High Court in a landmark legal bid to decriminalise and legalise medically assisted dying in South Africa. The application seeks to have the current common law prohibition declared unconstitutional and invalid.
Diagnosed with motor neuron disease, Harck says he is living through a prolonged physical decline that he fears will ultimately rob him of his dignity.
“Everything is hard. Every person should have a choice when they are terminally ill and feel that death is better than living because they face unimaginable suffering. In life, we have many choices,” he said. His five adult children support his bid, he added.
Over the years, he watched friends with the same condition deteriorate and die — experiences he described as deeply traumatic and inhumane. “I would love to die peacefully at home, surrounded by my family,” said Harck.
His partner, Lynne Grubb, said his condition has steadily worsened. “He has asked several doctors to assist him in ending his life, but they cannot help because it is against the law,” she said.
For the family of Craig Schonegevel from Gqeberha, the issue is painfully personal. Schonegevel died by suicide in 2007 at the age of 27, after doctors refused to assist him in ending his life.
His mother, Patsy, said, “One day, he said, ‘If I were a dog, I could have been put to sleep long ago.’ No-one should have to beg for a dignified death.”
Vuya Kabanyane Ilengou, a director at Dignity SA, said medically assisted dying involves a terminally ill or severely suffering patient requesting assistance from a medical professional to end their life. “The person must be terminally ill or experiencing unbearable suffering that cannot be relieved by palliative care. They must also be mentally competent and fully informed.”
Associate professor Joseph Raimondo, a neuroscientist at the University of Cape Town, said the debate must also consider the state of the health-care system. “There are deep problems in our health system. We need significant investment in quality health care and palliative care. But assisted dying can be part of building a compassionate society."
Prof Willem Landman, chair and cofounder of Dignity SA, said concerns about coercion and consent are valid, but not unique. “These are questions medical professionals already navigate at the bedside every day."
Dignity SA has submitted 15 affidavits from foreign experts, alongside input from local doctors, legal experts and senior counsel.
The organisation is asking the high court to:
- Declare the blanket ban on assisted dying unconstitutional;
- Direct parliament to pass legislation within 24 months; and
- Suspend the declaration of invalidity for 24 months to allow for legal reform.
The case has ignited a national debate on the ethical, legal, and moral implications of medically assisted dying, with strong opinions on both sides. The court's decision will have far-reaching consequences for individuals facing terminal illnesses and their families, as well as the future of healthcare in South Africa.
