Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Question 1 [Marks:151 In the case of Minister of Justice and Correctional Services and Others v Estate Late James Stransham-Ford and Others 2017 (3) SA

image text in transcribed
Question 1 [Marks:151 In the case of Minister of Justice and Correctional Services and Others v Estate Late James Stransham-Ford and Others 2017 (3) SA 152 (SCA), the Supreme Court of Appeal had to deal with questions from the court a quo (the Pretoria High Court) concerning the request by the late Advocate Stransham-Ford (he passed away at the time of the appeal), to be euthanised by means of either Patient Assisted Euthanasia (PAE) or to receive a lethal treatment by his doctor to enable him to die when and how he chose by means of Patient Assisted Suicide (PAS). This request came from Stransham-Ford when he was suffering with terminal cancer at the time that the matter was first heard in the court a quo. The court held that such instances are not condoned in South African Law, citing both instances as illegal and any doctor who would administer PAE or PAS would be guilty of murder. The court however raised the following questions among others in its analysis: "does the guarantee of the right to life include the right to die\" and \"does the right to dignity extend beyond dignity in the process leading up to our inevitable death, so as to encompass the right to die when and in the manner that we choose?" The right to life is an entrenched fundamental right in the Bill of Rights, particularly in section 11. In not more than one page in length, and by using the right to life as an example, discuss why rules of interpretation are required and why a simple reading of the language in Acts would be insufficient to guarantee a proper interpretation of legislation. Refer to relevant case law where applicable. I NOTE: 12 marks are to be awarded for your discussion and 3 marks are to be awarded for the skill that you use to answer this question. 1 E) The Independent Institute of Education (Pty) Ltd 2023 Page 4 of 6 22,- 23; 24 2023 Question 2 (Marks: 15] Prior to the promulgation of the Constitution, 1996, there was only one obstacle to the retro-effect of legislation. Since the Constitution, 1996 came into force, there are now three obstacles that have emerged to retro-effect. In not more than one page in length, discuss what these obstacles refer to pre- and post- commencement of the Constitution, 1996. [ NOTE: 5 marks are to be awarded per obstacle

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law Express Constitutional And Administrative Law

Authors: Chris Taylor

6th Edition

1292210109, 978-1292210100

More Books

Students also viewed these Law questions

Question

differentiate the function ( x + 1 ) / ( x ^ 3 + x - 6 )

Answered: 1 week ago

Question

2. Ask questions, listen rather than attempt to persuade.

Answered: 1 week ago