State granted leave to appeal euthanasia ruling

State granted leave to appeal euthanasia ruling

The High Court in Pretoria has granted various organs of state leave to appeal a ruling allowing people to die through euthanasia.


In April, Advocate Robin Stransham-Ford's application for the right to be assisted to die by a doctor with the guarantee they would not face prosecution was granted by the North Gauteng High Court.

Stransham-Ford who had been diagnosed with prostate cancer in March died on the same day Judge Hans Fabricius ruled in his favour.

In granting leave to appeal, Judge Fabricius said he was compelled to grant the ruling as he believed new legislation was required to further discuss the issue.

"In my view, the compelling reason in this case is the necessity to develop the common law either on the present facts as they work generally in the absence of intervention by the legislature. On that basis, I grant leave to appeal to the Supreme Court of Appeal," he said. 

Among the applicants were the Ministers of Justice and Health, the National Prosecuting Authority as well as the Health Professions Council of South Africa.

(File photo)

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