Court application for the removal of a person from a ventilator machine or other life support system in Zimbabwe

The concept of mercy-killing, that is infanticide, or assisted suicide is illegal and frowned upon both in terms of customary law and statutory law. The position of our law is that, [i]f the first purpose of medicine, the restoration of health, can no longer be achieved, there is still much for a doctor to do, and he is entitled to do all that is proper and necessary to relieve pain and suffering, even if measures he takes may incidentally shorten life.’

Section 54 (2) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] however provides that an application can be made to the High Court of Zimbabwe for an order for the removal of a patient or person from a heart – lung or ventilator machine or other life – support system.

Court application for the removal of a person from a ventilator or other life support system

An application for the removal of a person from a heart – lung or ventilator machine or other life support system can be made in Zimbabwe to the High Court of Zimbabwe by a patient’s spouse, brother, sister, parent, guardian, curator or tutor on the evidence of at least one medical practitioner who has been treating the patient, and can attest to the fact that the patient is unconscious and there is no reasonable prospect of his or her regaining consciousness; or that although the patient’s brain functions may not have entirely ceased, his or her life is being artificially sustained by the machine or system and there is no reasonable prospect that he or she will be able to survive without being on the machine or system.

An application to the High Court of Zimbabwe for the removal of a patient from a heart – lung or ventilator machine or other life – support system can also be made by the person in charge of the hospital or other institution in which the patient is being kept. In an application of this nature, the court has the discretion to appoint a curator ad litem to represent the patient’s interests. Due to the difficulties, complexities and importance of such applications, the court where practicable, will ensure that every person who has an interest in the matter is given notice of the application and has been afforded a reasonable opportunity of being heard.

Consequently, no criminal liability attaches to any person who terminates the life of another person pursuant to a court order in terms of section 54 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. The court order for the removal of a person from a ventilator or life-support system in Zimbabwe is only valid after eighteen (18) months have elapsed from the date on which the order authorising the removal of the patient from the life support system.