Prohibition of doctor-assisted suicide violates the Constitution

In its judgment, the High Court also stated that the South African Common law crimes of murder or culpable homicide imposed a blanket prohibition against doctor assisted suicide.
The court held that this unjustifiably limited the applicant’s constitutional rights to human dignity (s 10) and bodily and psychological integrity (s 12).
The blanket prohibition was ‘overbroad’ and in conflict with the above provisions of the Bill of Rights.
The court in ruled that, apart from the specific circumstances in the Stransham-Ford case, the South African Common law crimes of murder and culpable homicide were not affected by the judgment.
In terms of the Constitution where South African Common law is in conflict with the Constitution the Common law must be developed by the courts to bring it into line with the Constitution (s 173).