CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 32/97
THIAGRAJ SOOBRAMONEY
Appellant
versus
MINSTER OF HEALTH (KWAZULU-NATAL)
Heard on:
Respondent
11 November 1997
Decided on: 27 November 1997
JUDGMENT
CHASKALSON P:
[1]
The appellant, a 41 year old unemployed man, is a diabetic who suffers from
ischaemic heart disease and cerebro-vascular disease which caused him to have a stroke
during 1996. In 1996 his kidneys also failed. Sadly his condition is irreversible and he
is now in the final stages of chronic renal failure. His life could be prolonged by means
of regular renal dialysis. He has sought such treatment from the renal unit of the
Addington state hospital in Durban. The hospital can, however, only provide dialysis
treatment to a limited number of patients. The renal unit has 20 dialysis machines
available to it, and some of these machines are in poor condition. Each treatment takes
four hours and a further two hours have to be allowed for the cleaning of a machine,