A delicate look at how faith and the law intersect when a life hangs in the balance
By Mapaballo Borotho
We all have different traditional and religious beliefs that we abide by, and sometimes our beliefs may go against the Constitution of the society that we live in.
At times, these beliefs can be deeply conflicting and may go against what many consider the normal ways of the world.
We know of beliefs where people do not observe birthdays, Christmas, Diwali, and so on, but what happens when a belief places someone else’s life in danger?
What happens when a belief is against the one thing that could save your life as an individual or your loved one’s life, for instance, a heart transplant or blood transfusion, as some people do not believe in those procedures?
Is this where the law has to step in? Because at the end of the day, we live in a country that is governed by the Constitution, which clearly states that everyone has the right to life and healthcare.
There is a particular case of a child who was in hospital and in desperate need of a life-changing surgery, but the child’s parents did not believe in certain forms of modern medicine.
She had a disease (cancer) that was eating away at her right leg, which needed to be amputated, but her parents were against it.
Legal expert Nthabiseng Dubazane says in this instance the parents were not acting in the best interests of the child, because without the amputation, it would simply mean that the disease would spread and ultimately take the child’s life.
This is where the law came in. Doctors took the matter to court, relying on Section 129 of the Children’s Act to act in the best interests of the minor.
“They presented all the evidence to the court, emphasising that they are not trying to override the parents, but that their beliefs are not in the best interests of the child. The court, as the upper guardian, can intervene and allow us to amputate and save the child’s life,” she said.
The court ruled in favour of the doctors. The court ordered that the amputation of the right leg should be done, as well as the amputation of the left leg.
Her parents were then prohibited from removing the child from the hospital before she received all the proper medical care and rehabilitation.
This is a conflicting situation because what if the parents had already made peace with the fact that their child was going to die, but now they find themselves in a position where they have to take care of a child with special needs.
For the full discussion, listen to the podcast…
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