Cape Town - Ten South African doctors told to right-to-die activist Sean Davison that they too had helped people die.
Speaking at the Cape Town Press Club yesterday, Davison said some doctors were fighting for legal euthanasia as they had stared death in the face daily with gravely ill patients.
The former New Zealand professor, claimed that 10 doctors in South Africa had emailed him while he was under house arrest, saying that they had helped people to die.
South African-born Davison, author of The Price of Mercy, completed his house arrest three weeks ago after being sentenced in 2019.
Judge John Hlophe had accepted a plea bargain from Davison who had previously been sentenced to house arrest in New Zealand for attempted murder of his mother, Dr Patricia Ferguson, who was terminally ill.
“Since my arrest, 10 doctors have let me know they helped people to die. These doctors risked the police seizing my computer. Are we a nation who has doctor’s as murderers? No, they did it out of compassion.”
“I gave a series of four talks to groups of doctors around the country six years ago. In each talk there were about 100 doctors attending. After the talk I took a poll among the 100 doctors, I assured them it was a secret vote, 98 supported a law change on assisted dying.”
Doctors present at the conference yesterday said they could face harassment and even lose their licences if they spoke out publicly.
One doctor said: “Once you show support, you become a target, that is your career at stake and risking being accused of murder.”
Support is growing for Davison, who said soon it could be done without the assistance of a doctor.
Another doctor told Davison to be patient and that he had their support and another guest said she would explore the option herself.
“I am 80-years-old, I have thought of it and it would take away the fear of death, I do not want to cross over with pain, it would be wonderful.
Another raised the question of responsibility and control and abuse, where a medicine prescribed for such a death could land in the wrong hands for gain of life insurance.
“It would be safeguarded, an independent panel would address it and this person would have be mentally competent and be suffering unbearably without recovery,” said Davison.
Davison was charged with the murder of Dr Anrich Burger, who became a quadriplegic following a car accident in 2005.
He was also found guilty of assisting in the death of Justin Varain, who had Motor Neuron Disease. He ended Varian’s life using helium deoxygenation or asphyxiation.
Another he had assisted in dying was Richard Holland who sustained brain damage during a cycling accident. Davison had given him a lethal dose of phenobarbital in November 2015.
“Let’s be absolutely clear that the crime I committed in helping Justin Varian to die was not murder, but an act of compassion. I think anyone who can relate to the life that Justin Varian was experiencing can understand that.”
Davison said after an article published in 2015 mapped the details and plans of Varian’s death-plan, he had immediately cancelled the plans and was contacted by the late Archbishop Desmond Tutu via email.
He said Tutu had been aware of his intentions to help Varian to die and had offered to visit him.
Desmond & Leah Tutu Legacy Foundation CEO, Janet Jobson said: ”In his latter years, Archbishop Desmond Tutu became an outspoken supporter of campaigns to legalise assisted dying in South Africa and around the world. His support was rooted in his life-long commitment to compassion, human dignity, and enhancing the quality of all human beings’ lives. We have no comment on Mrs Tutu’s position.”
Davison introduced the concept of using a device to die called Sarco,which is known as a euthanasia capsule which will be used for the first time in Switzerland this year.
“If doctors were to speak up with one voice, I believe this would quickly lead to a change in the law in our country,” he said. “To know what is right, and do nothing about it, is the worst form of cowardice. You may think I’m being presumptuous by implying that the doctors agree with a law change, but I know they do.
“The capsule has a transparent door so the person can choose the final view they want. They then push a button that turns on a gas that replaces the oxygen in the pod. They drift off into a peaceful sleep, and death. I mention this today because this device will be used for the first time later this year in Switzerland. This device gives the individual complete control of their death, a peaceful dignified death, and no doctor needs to be involved.”
Davison was also asked about children and their decision-makers if they were terminally ill and suffering.
He said it would have to be a decision made by parents and that in Belgium at the age of 16 it was allowed.
Davidson said that together with his organisation, Dignity SA, they intend on making an application to the Western Cape High Court later this year to have assisted dying legalised and would approach the Constitutional Court for their bid, and are confident they can win.
Chief researcher for the Department of Systematic Theology and Ecclesiology, and head of the unit for Moral Leadership at Stellenbosch University, Dr Chris Jones said South Africa was far behind and that Davison’s ideology was not ethically wrong.
“Although legislation in South Africa prohibits active forms of euthanasia, I believe that it is not against the Constitution. Sadly, assisted dying, 25 years after the South African Law Reform Commission was recommended in two reports that parliament reconsider the legal position of assisted dying, it has not happened. This delay is an injustice to people who want to make end-of-life decisions such as assisted dying.
“Yes. Legislation in Switzerland, Belgium, Netherlands, Luxembourg, Canada, Australia, Columbia, and a few US states (Oregon was first to legalise physician assisted suicide in 1994) allows assisted dying, but under stringent conditions. However, no African country has thus far legalised assisted dying.
“Ethically, there is no strong argument against the legalisation of assisted dying. Take Sean Davison: he was guilty in terms of legislation, but ethically completely innocent. He did not deserve to be arrested and charged with murder.”
The South African Human Rights Commission declined to comment on the topic and said, “the Commission is still exploring this matter with the view to taking a position and that we therefore do not have a position yet. Once the position is adopted, we will duly share with you”