A.W obo M.U.W v Member of the Executive Council for Health, Eastern Cape (Quantum) (288/2019) [2025] ZAECBHC 15 (27 June 2025)

A.W obo M.U.W v Member of the Executive Council for Health, Eastern Cape (Quantum) (288/2019) [2025] ZAECBHC 15 (27 June 2025)

The court found that the defendant's reliance on an 'undertaking to pay' remedy, divorced from the public healthcare defence and unsupported by a properly pleaded case or factual evidence, was untenable. The defendant failed to demonstrate why the common law should be developed in the present circumstances to permit...

Source-derived case information.

Citation
[2025] ZAECBHC 15
Parties
Plaintiff: A.W obo M.U.W; Defendant: Member of the Executive Council for Health, Eastern Cape
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
27 June 2025
Case Number
288/2019
Procedural Posture
Quantum Determination / Post Liability, Quantum Determination
Outcome
Plaintiff's claim for lump sum payment of future medical expenses is upheld; defendant's undertaking to pay defence is rejected.
Judges
Hartle
Legal Topics
Medical Negligence, Future Medical Expenses, Once and for All Rule, Constitutional Development of Common Law, State Liability, Undertaking to Pay
Delict Civil Procedure Constitutional Law Medical Negligence Future Medical Expenses Once and for All Rule Constitutional Development of Common Law State Liability +1 more

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Parties

A.W obo M.U.W

Plaintiff

Member of the Executive Council for Health, Eastern Cape

Defendant

Procedural Posture

Quantum Determination / Post Liability, Quantum Determination

Legal Issues

  1. 1 Whether the defendant is entitled to substitute the conventional lump sum damages award with an 'undertaking to pay' remedy for future medical expenses.
  2. 2 Whether the common law has already been developed to permit such a remedy in the absence of a public healthcare defence.
  3. 3 Whether the plaintiff is entitled to a lump sum payment for future medical expenses assessed at private healthcare rates.

Ratio Decidendi

The court found that the defendant's reliance on an 'undertaking to pay' remedy, divorced from the public healthcare defence and unsupported by a properly pleaded case or factual evidence, was untenable. The defendant failed to demonstrate why the common law should be developed in the present circumstances to permit such a remedy, nor did she provide evidence that the agreed private healthcare costs were unreasonable. The court emphasized that development of the common law in this area requires a case-specific factual foundation and cannot be applied automatically from previous judgments. The plaintiff established her entitlement to a lump sum payment for future medical expenses, and the...

Court Disposition

Plaintiff's claim for lump sum payment of future medical expenses is upheld; defendant's undertaking to pay defence is rejected.

Orders

  • The Defendant shall pay the capital amount of R11,108,354.48 as full and final compensation to the Plaintiff in her representative capacity for the minor's delictual damages.
  • The total amount comprises R10,333,353.00 for future medical expenses and R775,001.48 for trust costs.