The Legal Department’s task is to convey the correct perspective in relation to medical ethical issues. This is done by means of involvement in court actions and submissions to Parliament and other forums where such issues are being discussed. Drawing from various legal counsel and international experts on the respective issues/fields, DFL ensures the highest standards of advice to members and society.
Legal Team - Shadrack Mafutsa, Martus de Wet,
Adv Kemp SC, Dr Van Eeden and John Smyth QC,
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Doctors For Life International v Speaker of National Assembly and others In February 2005 DFL made direct application to the Constitutional Court seeking to strike down among others the recent Choice of Termination of Pregnancy Amendment Act (CTOP Amendment) and the Traditional Health Practitioners Act (THPA). The basis for the action is that Parliament had failed in its duty under the Constitution to ‘facilitate public involvement’.
In August 2006 the Constitutional Court ruled in an 8-3 Judgment that the both the CTOP Amendment and the THPA is unconstitutional. The order was suspended for 18 months, during which the National Council of Provinces may re-enact the said statutes after “meaningful public participation” was facilitated.
Crystal Osler and others v Rose Clinic and others DFL instituted action on behalf of a Durban school-girl against her school, the Department of Education, the Abortion clinic and its staff for illegally arranging and performing an 28 week abortion.
Wilhelmien Charles and others v Gauteng Department of Health and others DFL is assisting a theater nurse who was dismissed from her post for refusing to do abortion evacuations on the grounds of her religion, conscience and belief.
Legal Advice Free legal advice is offered to health professionals who have conscientious objection against participating in abortion and euthanasia.
Health Professional Declaration Form - ( PDF Format) This form contains recommended wording for a health professional to inform his/her employer of his/her objection against participating in the abortion procedure.
