Reference no: EM132203111

Dr. Thomas Kahn, a medical practitioner and committed Muslim, works from time to time at the emergency section of the JH Makuba Hospital, which is a state hospital in South Africa. According to Dr. Khan, abortion practitioners in the JH Makuba Hospital would administer abortifacients namely Cycotec or Misoprostol, to women seeking an abortion. These women would then stay at the hospital waiting for the abortion to finalise and have the foetus removed. However, according to Dr. Khan, there were numerous occasions when women (who had been given the abortifacient) did not pass the foetus within the work hours of the doctor who had administered the medication. Since the abortionist would not be available to finalise the abortion, the woman would be turned over to the emergency section, where the medical practitioner on duty at emergencies was expected to assist. Dr. Khan would then be asked to complete the procedure by removing the remaining foetal matter from the woman's womb. Dr. Khan believes (together with many other medical practitioners) that the human zygote created by the formation of the egg and the sperm is a human. Dr. Khan also believes that he would be transgressing God's will in participating in an abortion in any manner whatsoever, as this would constitute being part of the intentional termination of innocent human life. Consequently, Dr. Khan is of the view that even participating in the removal of the foetal matter from the mother's womb would constitute a gross violation of his right to freedom of religion. For this reason, Dr. Khan would not like to be forced to participate in any type of abortion activity. Dr. Khan approaches you for advice as to the possibility that the South African Constitution protects him in this regard.

Instruction: Advise Dr. Khan accordingly.

Take note of the following:

(1) Your advice to Dr. Khan must not exceed 3000 words or be less than 2000 words;
(2) Use font size 12 with one-and-a-half spacing between the lines.
(3) You may do the assignment on your own and submit the assignment as a single author or you may do the assignment in a group comprised of 2 or more authors but up to a maximum of 5 authors. Where an assignment emanates from a group, make sure that all the details of the authors for that specific assignment are included on the said assignment (initials, surnames and student numbers).
(4) An electronic copy of your assignment must be submitted via DropBox and must include your initials, surname and student number (with due cognisance taken of point (3) above).
(5) You must submit your assignment by 11h00 on 7 May 2018 and no assignment submitted after this time and date will be accepted for assessment (also bearing in mind that you have been given ample time to complete the assignment).
(6) You must take note of the university's policy on plagiarism and be warned that any form of plagiarism will be dealt with accordingly.
(7) When referring to a book as a source in a footnote, use the following citation method for example: R. Vischer, Conscience and the Common Good. Reclaiming the space between person and state, (Cambridge: Cambridge University Press, 2010), page 272.
(8) When referring to an article as a source in a footnote, use the following citation method, for example: P. Foot, "Euthanasia", Philosophy and Public Affairs, Vol. 6, Issue nr. 2, (1977), page 85.
(9) When referring to legislation as a source in a footnote, use the following citation method, for example: Termination of Life on Request and Assisted Suicide Act 33 of 1973.
(10) When referring to a paragraph or page of a court case as a source in a footnote, use the following citation method, for example: S v Makwanyane and Another 1995 (2) SACR 1 (CC), par. 144.
(11) Limit as far as is possible, direct quotations from a source;
(12) You must include a bibliography at the end of your assignment (which does not form part of the word count).
(13) Sources (articles, books, case law, legislation) provided to you in this module may be used and/or sources not provided to you by this module.

The following:

• Substance: This refers to the information (knowledge) that you have provided (arising from sources such as scholarly articles, books, case law and/or legislation) and connoted to this, the interpretation and application of the data to the topic, and also the insight into the topic as well as the understanding of the field surrounding the topic.
• Coherency and line of argument: This refers to the clarity as well as the logical flow of your argumentation. Also included in this is the clarity of your conclusion and recommendation.
• Grammar and Style: This refers to the quality of language usage and the outlay of your assignment (for example, grammar, source referencing, bibliography, numbering of sub-titles and footnotes).