Concourt dismisses application seeking right to bury non-viable foetuses | The Citizen

In a unanimous judgement on Wednesday, the Constitutional Court set aside a North Gauteng High Court ruling allowing parents the right to choose to bury or cremate a foetus. Last April, the high court ruled in favour of the applicants, declaring some provisions of the Department of Home Affairs' Births and Deaths Registration Act unconstitutional.

The application was brought to the apex court – against home affairs and the minister of health – by the Voice of the Unborn Baby NPC and the Catholic Archdiocese of Durban. They sought to have the high court order confirmed, so that it could be legislated in order to allow parents who lost their offspring before 26 weeks of pregnancy to have an option of burying the foetus.

“The order of the High Court declaring Section 20 of Births and Deaths Registration Act invalid is not confirmed. The application is dismissed and each party is to pay its own costs,” read the judgement. According to government, Mngqibisa-Thusi’s order usurped legislative functions and contravened the principle of separation of powers.

“Where the evacuation or removal of some or all of the foetal remains from the mother takes place in a healthcare facility, the implication of such a declaration for hospitals and other healthcare service providers becomes a challenging question.

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