Dludlu v Member of the Executive Council for the Department of Health of the Mpumalanga Provincial Government (46837/12) [2020] ZAGPPHC 388 (30 July 2020)

Dludlu v Member of the Executive Council for the Department of Health of the Mpumalanga Provincial Government (46837/12) [2020] ZAGPPHC 388 (30 July 2020)

The court held that the plaintiff's claim against the defendant is contractual, arising from the agreement for medical treatment upon admission to Embhuleni Hospital. The Apportionment of Damages Act does not apply to contractual claims, even where negligence is alleged. The fact that the plaintiff previously claimed and settled with the RAF for damages arising from the same injury does not preclude a separate contractual claim against the hospital for negligent treatment. The insured driver and the hospital staff are not joint wrongdoers as contemplated by the Act, as their respective liabilities arise from distinct causes of action—delict for the RAF claim and contract for the hospital...

Citation
[2020] ZAGPPHC 388
Parties
Plaintiff: Muzi Fiesel Wangubani Innocent Dludlu; Defendant: Member of the Executive Council for the Department of Health of the Mpumalanga Provincial Government
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 July 2020
Case Number
46837/12
Procedural Posture
Civil Trial / Merits Determination Under Uniform Rule 33(4)
Outcome
Plaintiff is legally entitled to claim damages from the defendant for the alleged negligent conduct of its employees.
Judges
MNGQIBISA-THUSI
Legal Topics
Apportionment of Damages Act, Medical Negligence, Contractual Liability, Joint Wrongdoers, Hospital Liability
Civil Procedure Delict Family and Children Apportionment of Damages Act Medical Negligence Contractual Liability Joint Wrongdoers Hospital Liability

Case Brief

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Parties

Muzi Fiesel Wangubani Innocent Dludlu

Plaintiff

Member of the Executive Council for the Department of Health of the Mpumalanga Provincial Government

Defendant

Procedural Posture

Civil Trial / Merits Determination Under Uniform Rule 33(4)

Legal Issues

  1. 1 Whether the plaintiff is legally barred from claiming damages from the defendant due to failure to give notice under section 2(2) of the Apportionment of Damages Act.
  2. 2 Whether the plaintiff's prior claim against the Road Accident Fund precludes a subsequent claim against the defendant for the same injury.
  3. 3 Whether the defendant and the insured driver are joint wrongdoers as contemplated by the Apportionment of Damages Act.

Ratio Decidendi

The court held that the plaintiff's claim against the defendant is contractual, arising from the agreement for medical treatment upon admission to Embhuleni Hospital. The Apportionment of Damages Act does not apply to contractual claims, even where negligence is alleged. The fact that the plaintiff previously claimed and settled with the RAF for damages arising from the same injury does not preclude a separate contractual claim against the hospital for negligent treatment. The insured driver and the hospital staff are not joint wrongdoers as contemplated by the Act, as their respective liabilities arise from distinct causes of action—delict for the RAF claim and contract for the hospital...

Court Disposition

Plaintiff is legally entitled to claim damages from the defendant for the alleged negligent conduct of its employees.

Orders

  • The plaintiff is legally entitled to claim damages from the defendant for the alleged negligent conduct of its employees.
  • Costs to be costs in the cause.