A look at the assisted suicide ruling

SOMETHING more than a casual report in the papers needs to be said on the PAS ( physician assisted suicide) case where Robert Stransham-Ford, who was on his deathbed at the end stage of cancer, sought a court order to allow a doctor to inject him with lethal drugs.

If you missed the news on the radio or television you can read about the judgment of the Supreme Court of Appeal that reversed the decision of the North Gauteng High Court, granting the appeal against what is phrased as “physician assisted suicide” aka euthenasia in common parlance.

Read the judgment, hot off the bench, from www.saflii.org.za. It is cited as “Minister of Justice and Correctional Services and Others v Estate Late James Stransham-Ford and Others [2016] ZASCA 197 (6 December 2016)”. Permit me to explain. There is a legal maxim Actio personalis moritur cum persona, which means that a personal action dies with the person.

So one of the reasons the PAS appeal failed was because its founder, advocate Robert Stransham-Ford, had died an hour before the initial order permitting euthanasia was granted. It was a personal action. His estate had nothing to benefit from the outcome. The matter became moot.

As the Constitutional Court stated in National Coalition for Gay and Lesbian Equality & Others v Minister of Home Affairs & Other, “a case is moot and therefore not justiciable if it no longer presents an existing or live controversy which should exist if the court is to avoid giving advisory opinions on abstract propositions of law”.

So at the time when Fabricius J delivered the initial judgment granting the order, there was no longer an existing controversy for him to pronounce upon. In short, the case was no longer justiciable.

Another equally important reason why the SCA granted the appeal and reversing the effects of the order was that, given the scale and magnitude of the controversy, and given the number of interested parties joined in as amicus curiae ( friends of the court), not enough evidence and material was put before the court to make a decision that would have impacted on the development of our common law which our courts are empowered to do in terms of section 39(2) of the Bill of Rights to our constitution. My personal thoughts? It is a pity that advocate Stransham-Ford died, killing the action with him.

His was an idea gestating in the womb of time, but whose birth is going to happen. But not now or any time soon unless we have someone who will see the controversy through.

As the SCA judgment reads in my mind (and in my mind only), the idea was still born and, as exhilarating as it sounds, it would be a premature birth, and it is mere empty speculation to argue whether it will see the light of day fully formed.

Did I hear you mutter under your breath that the law is an ass? Of course it is.

It’s stubborn and it will only move if you use forceful energy, if you are determined to see it move forward.

Thank you for reading this. I learnt so much studying and unpacking its 75 pages that I’m wiser and empowered enough to say, now I know. SABER AHMED JAZBHAY Labour lawyer and human resources practitioner

Durban

Euthanasia can put pressure on the sick

IN MOST countries, killing another person is considered to be murder, even if the intention is to “ease the pain”, even if the person has a terminal illness. The so-called right to die (for the patient) implies the duty to kill (for someone else, in this case the doctor).

Changing the law to allow euthanasia or assisted suicide will certainly put pressure on vulnerable people to end their lives for fear of being a financial, emotional or care burden upon others.

This would especially affect people who are disabled, elderly, sick or depressed. Some would face the added risk of pressure by others who might stand to gain from their deaths.

Moreover, euthanasia undermines our trust in the medical pro- fession. When we support euthanasia, the frail, elderly and sick cannot be confident that doctors will treat them rather than terminate them. Suffering and sick people need assurance and comfort, not anxiety and fear as to what their doctors may do with them.

Human life must be respected regardless of age, gender, race, religion, social status or potential for success. E PEEK Glenwood

Don’t just shout from sidelines – act

I COULD not believe my eyes when I read yesterday that Minister of Transport Dipua Peters called for a clampdown on the “culture of bribery” in the traffic law enforcement fraternity to end “lawlessness” on our roads. You made this statement at the opening of the first National Traffic Indaba in Durban, minister.

This is yet another example of how you are shouting on the sidelines while doing nothing about the situation.

I find it unbelievable you make such statements when I have written to you on numerous occasions on this issue and discussed it in the last few years on various occasions in Parliament.

To date you have simply ignored the information I have supplied you; information about wide-spread corruption taking place everywhere from licensing departments to vehicle testing stations and corrupt officials on and off our roads.

To add salt to the wound, there was widespread publicity when you personally visited a number of licensing and testing stations in Gauteng in April last year.

You promised then to tackle the corruption taking place at these centres. What have you done about this to date? Nothing and niks. Now, 19 months later, you speak as if this information is new.

I dare say it is you, minister who has, as political head, allowed the “culture of bribery” and corruption to flourish, thus allowing the road carnage to continue every year.

As a result, we lose more than R300 billion in our economy because of this.

So now the challenge is on you, minister. Will you actually act on what you said yesterday, when you said no one should get a “free pass on the road”?

Will you ensure that traffic officials will prevent mayors, ministers and others who think they are so important (but actually are not) to respect road rules?

Will you ensure they do not zoom by in emergency lanes, putting others in danger as we mere mortals stay stuck in our bumper-to-bumper vehicles? I doubt this. I hope you will prove me wrong.

MANNY DE FREITAS DA SPOKESMAN ON transport

Take responsibility for your officers

MIINSTER of Transport Dipuo Peters sent a strong message to the public that they “pay to kill people” when indulging in bribery (The Mercury, December 6).

Dear minister, if you make a statement that the public pays to kill people, I am wondering if you are aware that the government pays the very same officers a monthly fixed salary, with medical aid, housing subsidies, bonuses etc, with public money? Yet some of these officers are placing us all at risk.

If the minister is incapable of controlling and correcting the 18 916 traffic officers under her watch, then it’s not fair to pass the blame on to the other 25 million or so road users.

If my memory serves me correctly, it is an offence for the public to offer a bribe to an officer, who should follow the legal process and deal with the bribe matter accordingly and lawfully.

The minister and officers are being paid to do a job, and it means that both are not performing as should be expected. Furthermore, the public does not employ these officers, the government does. J KANIA

Durban

Department needs to target jaywalkers

I COULD not agree more with Tony Ball about the appalling road sense shown by jaywalkers and the urgent need for road safety education for pedestrians (The Mercury, November 30).

It is common for people – sometimes two or three abreast – to walk on roads next to pavements with their backs to the traffic. When one hoots to warn them of traffic they look indignant as if it is their right to do as they please.

On more than one occasion I have stopped and warned women with small children, or pushing prams – some of them with their backs to the traffic – to move on to the pavement for their safety. The potential risks they take are compounded by the atrocious driving by many motorists which endangers the lives of fellow motorists, let alone pedestrians.

Pedestrians form a large percentage of our road fatalities and it is incomprehensible that parents and the Departments of Education and Transport are not inculcating road safety rules into children from an early age.

I agree with Ball that eThekwini, led by the mayor, should be doing something about this problem, but it should also be integral to any road safety campaign by the Department of Transport.

I would suggest that a short, hard-hitting advert about the potential consequences of ignoring basic road safety rules – maybe with lots of fake blood – be shown on primetime television to drive the message home. MARY DE HAAS Durban

Fidel did far more good than harm

MY NAME is Lazaro, I am Cuban and I have been living in Durban since 2006. I came to this country as a technical adviser for the Department of Housing, and specifically for the implementation of low-cost houses in rural areas where most of South African engineers do not want to go.

I finished my contract and fell in love, and married a lovely South African woman who is still my wife. This is the only reason I decided to remain in this country.

The comments by Ismail Moolla, of Umzinto, “Castro brought misery to his people”, The Mercury, December 5, 2016, refer.

Mr Moolla needs to read and know Cuban history.

I want to let Mr Moolla know that before Fidel Castro in Cuba, there was a real military dictatorship where thousands of people disappeared and were assassinated almost daily.

The majority of the Cuban population lived in hell, and real misery.

I was born to a poor family just before Fidel came to power.

My father had two jobs and stayed far from home for days just to maintain my mum and four chil- dren; only rich children could afford to go to university.

Fortunately, I grew up during Fidel’s revolution and my father did not have to pay a cent for our education or health care.

I graduated as a civil engineer, and it cost me not one peso (rand). It was the same for my siblings, who graduated in different disciplines.

Mr Moolla, yes the US blockade has to be blamed for most of the Cuban economic necessities. Yes, Fidel was not perfect (nobody is), but at least he avoided Cuba being raped, abused and annexed by the US.

He brought to our people more hope, achievements and benefits than misery.

I recommend that you, Mr Moolla, read up more on Cuban history.

Cuba’s health-care system, according to the UN World Health Organisation (WHO), is an example for all countries of the world, including the US (I cited comments from WHO director-general Margaret Chan).

What Fidel brought to his people, among other good things, was a life expectancy of 78 years, far longer than before his time; also a child mortality rate which is the third lowest in the world.

According to the WHO’s ranking of the world’s health systems, Cuba is number 39 , the US 37 and South Africa 175 out of 190. Mr Moolla this is what Fidel brought to Cuba. May Fidel rest in peace. SANCHEZ LOPEZ

Durban

Airport security needs urgent review

REGARDING the man recently caught with R12 million in cash at King Shaka International Airport: this was a near disaster, and the perpetrator would have gone unnoticed if a tip-off had not been received and, thankfully, acted upon timeously.

What the airport and relevant law enforcement authorities must do speedily is to review their security. Airport security was shamefully breached, and this is a cause for concern and raises various questions.

Surely one man travelling with seven bags, as reported, is unusual and an alert official should /would have had his or her suspicions aroused.

One can’t help but wonder what other transgressions of a criminal nature have gone unnoticed since May 2010 when the airport was officially opened, considering that Durban is the gateway to Africa and the world at large.

May all police and other personnel involved in safety and security who work diligently, even in difficult and trying circumstances at times, please continue in this commendable manner.

Those others, primarily shirkers and lazy, uncaring personnel, for example fast food outlet “over-frequenters”, family and friend transporters at state cost and in work time, please take positive measures to improve your service.

Hopefully the relevant authorities will ensure this is done, considering that the salaries and other benefits of those in the civil service are funded by the taxpayer. SIMON DEHAL

Verulam

We must preserve our water supply

FOR every tap that constantly drips, around 90 litres of water are wasted every week – that’s 4 680 litres of water every year.

We take water for granted, never giving a thought to having a short- age where we could be limited to not using dishwashers, not washing the car, not running the water continuously when brushing our teeth, or washing vegetables, or maybe not taking daily showers or perhaps having our drinking water limited.

Even though most of us are aware we should avoid squandering water, we still end up wasting it on a daily basis.

There are several things that must be done to protect our environment. We must learn to recycle everything; most of our mineral resources are not renewable. We must stop producing chemicals and other materials that are harmful to the environment because people, including industry, will not dispose of them properly.

We must preserve our water supply. We must save our atmosphere. If we do not take action to accomplish these things, it can only mean we don’t believe what is obvious or we don’t care about our children. NAAZNEEN MOTALA

Sherwood

Road and water woes, yet high rates

I AM beyond angry as we face another evening in Cowie’s Hill with no water. I phoned the emergency line and still no help. They were not even aware that we had no water.

The municipality has been digging up Josiah Gumede road and our local road for months. One area of Redmond Road has been dug up at least three times in the last two weeks.

We have had no water repeatedly for months. How is one supposed to go to work each day without water? And don’t get me started on the state of the local roads. The main arterial of Josiah Gumede Road and Lancaster Terrace have more potholes and gravel than tar in some places.

On top of that there have been our armed robberies within a kilometre of where we live, in the past four months.

We pay a fortune in rates and get absolutely nothing. ALAN SALMON

Cowie’s Hill

Affordable higher education needed

THE University of the Witwatersrand has confirmed its fee increase will be limited to an average of 8% for the 2017 academic year.

Universities are likely to face more protests over registration fees and other finance-related issues next year.

The cost of higher education is certainly cause for concern in South Africa.

These past two years, running battles were witnessed across the country. When students who owed fees or were excluded from the scheme took to the streets to voice their anger.

From Gauteng to Cape Town and Durban, university campuses have been simmering for much of the academic year.

The NSFAS is chronically inefficient.

South African universities have very high levels of student non-completion, and growing unemployment makes loan recovery difficult.

Free higher education sounds very progressive, and it is an attractive mobilising “cry”, but in a developing country it is financially wrong.

What we need is affordable higher education for all – with a clear understanding that affordable means different costs for different groups in society. RAZIA KHAN Overport