CHASKALSON P
social security are dependent upon the resources available for such purposes, and that
the corresponding rights themselves are limited by reason of the lack of resources.
Given this lack of resources and the significant demands on them that have already been
referred to, an unqualified obligation to meet these needs would not presently be
capable of being fulfilled. This is the context within which section 27(3) must be
construed.
[12]
The appellant urges us to hold that patients who suffer from terminal illnesses and
require treatment such as renal dialysis to prolong their lives are entitled in terms of
section 27(3) to be provided with such treatment by the state, and that the state is
required to provide funding and resources necessary for the discharge of this obligation.
[13]
The words “emergency medical treatment” may possibly be open to a broad
construction which would include ongoing treatment of chronic illnesses for the purpose
of prolonging life. But this is not their ordinary meaning, and if this had been the
purpose which section 27(3) was intended to serve, one would have expected that to
have been expressed in positive and specific terms.
[14]
Counsel for the appellant argued that section 27(3) should be construed
consistently with the right to life entrenched in section 11 of the Constitution and that
everyone requiring life-saving treatment who is unable to pay for such treatment herself
7