A.E.S obo L.T.S v Member of the Executive Council for Health and Social Development of the Free State (1094/2024) [2025] ZAFSHC 34 (13 February 2025)

A.E.S obo L.T.S v Member of the Executive Council for Health and Social Development of the Free State (1094/2024) [2025] ZAFSHC 34 (13 February 2025)

The court held that the plaintiff lacked locus standi to claim damages in a representative capacity for her daughter, as the daughter was a major at the time the action was instituted, in terms of the Children’s Act 38 of 2005, which reduced the age of majority to 18. No evidence could be led to prove the contrary, and the particulars of claim did not disclose a cause of action in this respect. The exception on this ground was upheld. Regarding the second ground, the court found that the particulars of claim, although lacking some detail, were not vague and embarrassing to the extent that the defendant could not plead. The missing details were facta probantia, not facta probanda, and the...

Citation
[2025] ZAFSHC 34
Parties
Plaintiff: A[...] E[...] S[...] obo L[...] T[...] S[...]; Defendant: Member of the Executive Council for Health and Social Development of the Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
13 February 2025
Case Number
1094/2024
Procedural Posture
Exception Application / Exception to Amended Particulars of Claim; Order on Exception
Outcome
Exception upheld on the first ground (locus standi); exception dismissed on the second ground (vague and embarrassing particulars); plaintiff granted leave to amend particulars of claim; no order as to costs.
Judges
J J F Hefer
Legal Topics
Locus Standi, Exception Procedure, Vague and Embarrassing Pleading, Children S Act, Damages Claim
Civil Procedure Delict Locus Standi Exception Procedure Vague and Embarrassing Pleading Children S Act Damages Claim

Case Brief

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Parties

A[...] E[...] S[...] obo L[...] T[...] S[...]

Plaintiff

Member of the Executive Council for Health and Social Development of the Free State

Defendant

Procedural Posture

Exception Application / Exception to Amended Particulars of Claim; Order on Exception

Legal Issues

  1. 1 Whether the plaintiff has locus standi to claim damages in a representative capacity for her daughter who was a major at the time of institution of action.
  2. 2 Whether the particulars of claim are vague and embarrassing regarding the dates and nature of medical treatment received by the minor.

Ratio Decidendi

The court held that the plaintiff lacked locus standi to claim damages in a representative capacity for her daughter, as the daughter was a major at the time the action was instituted, in terms of the Children’s Act 38 of 2005, which reduced the age of majority to 18. No evidence could be led to prove the contrary, and the particulars of claim did not disclose a cause of action in this respect. The exception on this ground was upheld. Regarding the second ground, the court found that the particulars of claim, although lacking some detail, were not vague and embarrassing to the extent that the defendant could not plead. The missing details were facta probantia, not facta probanda, and the...

Court Disposition

Exception upheld on the first ground (locus standi); exception dismissed on the second ground (vague and embarrassing particulars); plaintiff granted leave to amend particulars of claim; no order as to costs.

Orders

  • The exception is upheld in regards to the first ground raised by the defendant.
  • The exception is dismissed on the second ground raised by the defendant.