CHASKALSON P
are also those who need access to housing, food and water, employment opportunities,
and social security. These too are aspects of the right to
“. . . human life: the right to live as a human being, to be part of a broader community, to
share in the experience of humanity.”14
The state has to manage its limited resources in order to address all these claims. There
will be times when this requires it to adopt a holistic approach to the larger needs of
society rather than to focus on the specific needs of particular individuals within society.
[32]
In his concurring judgment in this matter Madala J refers to the possibility of the
appellant being treated by Continuing Ambulatory Peritoneal Dialysis (CAPD). This
treatment is dealt with fully by Dr Naicker in a supplementary affidavit lodged by her
in response to an averment made by the appellant in his replying affidavit that there is
treatment, other than renal dialysis, which would be of benefit to him, but had not been
offered to him by the Addington Hospital.
[33]
Dr Naicker explains that CAPD treatment makes patients vulnerable to infections
and leads to patients having to be put on dialysis for two to three months when such
infections occur. If an infection occurs frequently or is severe the patient has to be put
14
Per O’Regan J in S v Makwanyane above n 5 at para 326.
18