Report No. 196

South Africa:

In Nov. 1998, the South African Law Commission, gave a Report (Project 86) on 'Euthanasia and the artificial preservation of life' (running to 237 pages).

The Report was preceded by a Discussion Paper (No. 71) (Project 86) of 1997 running into 86 pages.

The Report of 1998 contains six chapters. Chapter I contains the 'Introduction'; Chapter II deals with 'Technology and Definitions'; Chapter III deals with 'Artificial Preservation of Life where the patient is clinically Dead'; Chapter IV deals with 'Cases where the patient is competent to make decisions', and this chapter is divided in 5 parts: (A) cession of life-saving medical treatment of the competent person, (B) Double effect, (C) Assisted suicide, (D) Voluntary active euthanasia, (E) Involuntary active euthanasia; Chapter V deals with 'The Incompetent Patient who has no prospect of recovery or improvement' and is divided in three parts:

(A) Cessation of Life-sustaining medical treatment where there is an advance-directive (living will) or power of attorney,

(B) cessation of life sustaining medical treatment where there is no advance directive (living will) or power of attorney,

(C) Non-voluntary active euthanasia; Chapter VI contains draft Bill on end of life decision; Annexure 'A' contains a list of respondents to working paper 53; Annexure 'B' gives a list of respondents to discussion Paper 71; Annexure 'C' contains a final draft Bill on end of life decision.

We do not propose to discuss the Report in detail but the final recommendations in the Report are as follows: