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lOMoARcPSD|11763056My Unisa SJD1501-19-S1-92T Learning Units 1.5 Article 4
Social Dimension of Justice (University of South Africa)
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2/16/2019 Judge’s ruling in assisted suicide case divides South Africa - De Rebus
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De Rebus → Issues → Archive 2015 → Judge’s ruling in
assisted suicide case divides South Africa
Judge’s ruling in assisted
suicide case divides
South Africa
June 1st, 2015
3
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Stransham-Ford v Minister of Justice and Correctional
Services and Others (GP) (unreported case no
27401/15, 4-5-2015) (Fabricius J)
By Nomfundo Manyathi-Jele
The court order allowing advocate Robin Stransham-
Ford to ask a doctor to help him end his life, and also
declaring that the doctor who did so would not be
acting illegally, will not be rescinded, even though he
died two hours before the order was granted. This is
according to Judge Hans Fabricius who turned down
an application by the Justice and Health Ministers, the
http://www.derebus.org.za/judges-ruling-in-assisted-suicide-case-divides-south-africa/ 1/15
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2/16/2019 Judge’s ruling in assisted suicide case divides South Africa - De Rebus
National Director of Public Prosecution and the
Health Professions Council of South Africa (HPCSA) to
rescind the order he granted on 30 April.
Mr Stransham-Ford was a 65-year-old man who was
dying of prostate cancer. He had asked the court to
determine whether a doctor could legally assist him
end his life.
Counsel for the respondents argued that Mr
Stransham-Ford had died before the order was FEATURED
granted, which meant that his rights had fallen away
De Rebus: No more
and that the court order was moot. Counsel for the free printed copy
February 1st, 2019
HPCSA, advocate Harry van Bergen, argued that the
person was not alive when the order was granted,
therefore, the rights on which he relied did not exist The Hague Convention
when the order was granted and the application was must be looked at
through the eyes of a
not brought as a class action or on behalf of an child
interested party. He argued that the applicant’s February 1st, 2019
lawyers ‘were shifting the goal posts’ because they
LATEST ISSUE
were now taking the application beyond the
Letters to the editor – January/February
boundaries of the original application. 2019
February 1st, 2019
Judge Fabricius turned down the application saying People and practices – January/February
his ruling established a cause of action under the 2019
February 1st, 2019
common law where no cause of action existed
The risks affecting the sustainability and
before. He said that none of the parties were aware viability of law firms
February 1st, 2019
that the applicant had died at the time when the
Employment references: Practical
ruling was handed down adding that the order would guidelines to avoid delictual liability
have a practical e ect on other parties, because they February 1st, 2019
would now be entitled to approach the court. Which rules apply? Some further notes on
maintenance of common property at
sectional title schemes
Judge Fabricius said the Constitutional Court and February 1st, 2019
Parliament should reconsider the issue of legalising International problem of expatriate Chinese
assisted suicide. with more than one child
February 1st, 2019
Background Court bundles – how to prepare them
properly
February 1st, 2019
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