SCA overturns right-to-die ruling

schumi

schumi

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Bloemfontein - The Supreme Court of Appeal (SCA) on Tuesday overturned a high court ruling that allowed a terminally ill cancer patient the right to commit suicide with a doctor’s help.

The High Court in Pretoria handed down the ruling in the case of Cape Town advocate Robin Stransham-Ford, 65, last year.

It was appealed by the Minister of Justice and Correctional Services, the Minister of Health, the National Director of Public Prosecutions and the Health Professions Council of SA.

This is a developing story. More to follow soon.

News24
http://www.news24.com/SouthAfrica/News/sca-overturns-right-to-die-ruling-20161206
 
Gov should fsck off. Oh well this will probably end up in the concourt.
 
ponder said:
Gov should fsck off. Oh well this will probably end up in the concourt.
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Costs must be paid by those parties in a private capacity ( Minister of Justice and Correctional Services, the Minister of Health, the National Director of Public Prosecutions and the Health Professions Council of SA.)

Really wasting our time. Let people choose how they die.
 
What's their reasoning for denying this?
 
The SCA is usually conservative, while the ConCourt is usually liberal in their interpretation of the Constitution, so no surprise here. It also won't be a surprise when the ConCourt reverses the SCA order.
 
ponder said:
Gov should fsck off. Oh well this will probably end up in the concourt.
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Nerfherder said:
Costs must be paid by those parties in a private capacity ( Minister of Justice and Correctional Services, the Minister of Health, the National Director of Public Prosecutions and the Health Professions Council of SA.)

Really wasting our time. Let people choose how they die.
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100%
 
mxc said:
Good move by the SCA. Some sanity at last.
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Why is it sane to prevent someone who's suffering the right to end their life peacefully?
 
crysis said:
He probably is anti abortion. No need to argue with these folks.
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Was curious to know their reasoning.
Though I doubt they'll reply (post count, join date etc.)
 
From the Bill of Rights:

10. Human dignity

Everyone has inherent dignity and the right to have their dignity respected and protected.
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11. Life

Everyone has the right to life.
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I am pretty sure you can CHOOSE to give up a right. Otherwise things are being forced upon you, and no longer a right.

If your life is at the point where continuing to live will guarantee that you no longer have any dignity left, can you not choose to end it? Can you not do it if you know that is your future?
 
Valerion said:
From the Bill of Rights:





I am pretty sure you can CHOOSE to give up a right. Otherwise things are being forced upon you, and no longer a right.

If your life is at the point where continuing to live will guarantee that you no longer have any dignity left, can you not choose to end it? Can you not do it if you know that is your future?
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I'm sure you can't give up your rights or else people can choose to no longer be free and sell themselves into slavery.
 
rietrot said:
I'm sure you can't give up your rights or else people can choose to no longer be free and sell themselves into slavery.
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You have the snake by the tail! People HAVE rights. Note the word HAVE. It is your choice to make use of them or not. This is the crux of the matter. And yes, if you choose to be someone slave then so be it. As long as it is out of your free will. Now that you mention 'slaves': on occasion some people like to be slaves to other people ;) Nothing wrong with that as long as both parties agree and their actions do not negatively affect others. In other words, you can not be found guilty of Serious Assault if you chop off your own arm even if you do that on purpose! The matter with assisted suicide is more of an ethical question on the part of the doctor and the possibility of abuse. Most people agree with the wishes of the 'victim'.
Religion does play a role too.
 
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rietrot said:
I'm sure you can't give up your rights or else people can choose to no longer be free and sell themselves into slavery.
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Point made.

However, if someone flies to a country where slavery is legal and sells himself there, would you stop him? Would you go so far as to lock him up to prevent it?

However, if it's a matter of continuing to live while my dignity degrades, I may decide to put an end to it. Problem is, if you survive, things gets worse, as you now have the damage from a failed suicide attempt in addition to the life-ending condition you have, and your problem gets compounded. Having a doctor do it is much more humane.

In essence you are keeping a person alive who no longer have the will to live.
 
Valerion said:
Point made.

However, if someone flies to a country where slavery is legal and sells himself there, would you stop him? Would you go so far as to lock him up to prevent it?

However, if it's a matter of continuing to live while my dignity degrades, I may decide to put an end to it. Problem is, if you survive, things gets worse, as you now have the damage from a failed suicide attempt in addition to the life-ending condition you have, and your problem gets compounded. Having a doctor do it is much more humane.

In essence you are keeping a person alive who no longer have the will to live.
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+1
 
Good doctors take an oath to uphold the sanctity of life not to desecrate it. Dying with dignity what utter tosh, there is no dignity to be held in the land of the dead. If you want to kill yourself do it yourself, don't expect others to help you with it, especially not those tasked with saving lives.
 
High Court decision 'wrong' in right-to-die order - SCA

Cape Town – The Supreme Court of Appeal on Tuesday found it was wrong for a high court to issue an order allowing a terminally ill cancer patient to commit suicide with a doctor’s help.

"It was wrong to hold that the common law crimes of murder and culpable homicide needed to be or should be developed to accommodate PAE [physician-assisted euthanasia] and PAS [physician-assisted suicide]," the written judgment stated.

It found the court did not fully consider the principles and ambit of changing common law to encompass consent as a defence to a charge of murder.

The court believed it was desirable for issues that raised "profound moral questions" to be decided by representatives of the country’s citizens as a whole.

"It is of course possible that Parliament will, as has occurred in other countries, intervene and pass legislation on the topic."

The court would welcome such a move in the light of separation of powers.

Right to commit suicide

On April 30 last year, the High Court in Pretoria ruled that terminally-ill Cape Town advocate Robin Stransham-Ford, 65, had the right to commit suicide with a doctor’s help.

Judge Hans Fabricius said at the time: "The applicant is entitled to be assisted by a medical practitioner either by the administration of a lethal agent or by providing the applicant with the necessary lethal agent to administer himself."

He was of the view that the Constitutional Court and Parliament should reconsider the issue of legalising assisted suicide.

Stransham-Ford died two hours before the order was granted, as a result of his cancer.

The SCA upheld an appeal by the ministers of justice and health, the National Director of Public Prosecutions, and the Health Professions Council of SA.

It found that the lower court’s order was tailored to deal only with Stransham-Ford’s case. When he died, the relief was no longer necessary.

Proper regulatory framework

It said there was evidence to suggest he had changed his mind about wanting an assisted death.

The high court judge was not told about the change in his condition or his doubts.

According to the SCA, the high court’s notion of a dignified death was not informed by a rounded view of society.

"It [a court] needs to consider the impact of its decision beyond our affluent suburbs into our crowded townships, our informal settlements, and in the vast rural areas that make up South Africa."

Should assisted suicide ever be allowed in the country, there would need to be a proper regulatory framework.

Dignity SA, the organisation which helped Stransham-Ford bring his application to the high court, extended its love and thoughts to his family on Tuesday.

News24
http://www.news24.com/SouthAfrica/News/high-court-decision-wrong-in-right-to-die-order-sca-20161206
 
I really see nothing wrong with assisted suicide for a terminally ill patients. But I guess the longer you're alive the longer gov can tax you.
 
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