Getrude Makhafola
Premium Journalist
4 minute read
17 Jun 2022
6:21 pm

Concourt dismisses application seeking right to bury non-viable foetuses

Getrude Makhafola

The Concourt said the lower court was mistaken in assuming that the act applies to and regulates the burial of foetuses.

Picture: iStock

In a unanimous judgement on Wednesday, the Constitutional Court (Concourt) 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 (BDRA) 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...