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29 June 2022

Dear CFJ supporter,

In the last two weeks, much has happened in the cause to protect life! In South Africa, the Constitutional Court handed down its judgment in the Voice of the Unborn Baby case - a judgment that will have major implications for parents who lose a baby before 26 weeks in the womb.

In a monumental turn of events, on 24 June 2022, the U.S. Supreme Court overturned a previous landmark judgment from 1973, Roe v Wade, finding that the U.S. Constitution does not recognise a constitutional right to abort babies.

In this week’s News Briefing, we look at the key implications of these court decisions and give an overview of our recent work to advocate for the protection of ALL human lives.

What is happening at Cause For Justice?

Judgment: Voice of the Unborn Baby court case
The Constitutional Court handed down its judgement in the Voice of the Unborn Baby case on 15 June 2022. South Africa’s highest court was tasked with deciding several weighty questions. The court had to consider whether all parents have the right to bury the remains of children that die prior to live birth. On a more fundamental level, it had to consider the constitutional value or dignity of unborn human life, and what this means for how the remains of babies that die prior to live birth are treated.

Key findings of the Court
  • The Births and Deaths Registration Act (BADRA) only regulates the burial of “dead human bodies”.
  • In the Court’s opinion, the remains of a baby that dies during the first 26 weeks in the womb, is not a dead human body.
  • Therefore, the burial rules in BADRA do not apply to the remains of babies that die before 26 weeks of existence in the womb (pre-viable babies). Accordingly, non-compliance with the burial requirements in BADRA does not result in the prohibition of the burial of the remains of pre-viable babies.
  • The court is unable to confirm whether parents of a baby that dies during the first 26 weeks in the womb, have the right to bury their baby’s remains.
According to the Court, the confirmation of such a right would depend on whether the public healthcare system has the necessary resources to execute such steps as would be required of it to enable parents to bury their baby’s remains.

Key implications of the Court’s judgment
  1. There is no legal prohibition against the burial of babies that die during the first 26 weeks in the womb, or babies that die due to abortion.
  2. It is uncertain whether parents of babies that die during the first 26 weeks of existence in the womb, have the legal right to bury their babies’ remains.

Dobbs v Jackson Women's Health Organization

Watch this video to find out what the victory in Dobbs v. Jackson Women’s Health Organization means for the protection of unborn babies and healthcare for their mothers.
On 24 June 2022, the U.S. Supreme Court handed down a historic judgment in Dobbs v. Jackson Women’s Health Organization by upholding the law and reversing its decision in Roe v Wade (1973), which made abortion a constitutional right. In Roe v Wade, a federal constitutional right to abortion was recognised, which led to the death of more than 60 million children within 50 years. After last week’s reversal of the decision in Roe, each state in the U.S. is now free to protect its most vulnerable by way of state legislation.

Read a more in-depth discussion of the case here.

We believe that each human life carries equal value and that every human being is entitled to equal benefit and protection of the law. We recognise and are committed to promoting the pre-eminent worth of all (and not only some) members of the human family.

That is why we defend parents’ right to bury a child that died while in the womb – and oppose the selective abortion of babies with disabilities and oppose the legalising of any form of euthanasia in South Africa.

While millions of South Africans believe, as we do, in the inherent worth (dignity or sanctity) of human life, there are alarming developments (such as those referred to above) that threaten and directly oppose this self-evident truth.

In this overview blog, we will look at some of the matters Cause for Justice has been engaging in during the first semester of 2022 to uphold the value of life, and the fundamental right to life in South Africa.

We need your help if we want to continue to advance the right to life and the inherent worth of all people in South Africa. Join us in protecting these precious constitutional rights and values by making a donation to enable our work.
* Cause for Justice is a registered public benefit organisation for South African income tax purposes and may issue section 18A receipts, which entitle donors to claim tax deductions in respect of donations made to Cause for Justice.

Every financial contribution (monthly or once-off), no matter how big or small the amount, matters and makes a huge difference to enable us to keep doing the work we have set out to do in the cause for justice!

A sincere thank you to every person and entity who already support our vision and mission.


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