Du Preez N O v The Member of the Executive Council for Health of the Eastern Cape Province (1032/2022) [2024] ZASCA 147 (28 October 2024)

Du Preez N O v The Member of the Executive Council for Health of the Eastern Cape Province (1032/2022) [2024] ZASCA 147 (28 October 2024)

The application for reconsideration of the refusal of leave to appeal was dismissed because the applicant failed to demonstrate exceptional circumstances as required by s 17(2)(f) of the Superior Courts Act. The new documentary evidence sought to be introduced was found to be irrelevant, speculative, and lacking probative value, as it did not materially contradict the hospital staff's version and was not in affidavit form. The high court's factual findings regarding the absence of negligence and causation were supported by the evidence, including expert testimony and contemporaneous medical records. The applicant's arguments amounted to a rehashing of factual submissions already...

Citation
[2024] ZASCA 147
Parties
Applicant: Wynand Du Preez N O (in his representative capacity of Estate Late NPN 6910/2023); Respondent: The Member of the Executive Council for Health & Social Development of the Eastern Cape Province
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 October 2024
Case Number
1032/2022
Procedural Posture
Leave to Appeal / Application for Reconsideration Under S 17(2)(f) of the Superior Courts Act
Outcome
Application for reconsideration of leave to appeal dismissed.
Judges
Nicholls, Kgoele, Smith, Coppin, Mjali
Legal Topics
Medical Negligence, Causation, Leave to Appeal, Expert Evidence, Burden of Proof
Civil Procedure Delict Family and Children Medical Negligence Causation Leave to Appeal Expert Evidence Burden of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Wynand Du Preez N O (in his representative capacity of Estate Late NPN 6910/2023)

Applicant

The Member of the Executive Council for Health & Social Development of the Eastern Cape Province

Respondent

Procedural Posture

Leave to Appeal / Application for Reconsideration Under S 17(2)(f) of the Superior Courts Act

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify reconsideration of the refusal of leave to appeal.
  2. 2 Whether hospital staff were negligent in the care and treatment of the mother during labour and delivery.
  3. 3 Whether any negligence by hospital staff caused the brain injury resulting in cerebral palsy.

Ratio Decidendi

The application for reconsideration of the refusal of leave to appeal was dismissed because the applicant failed to demonstrate exceptional circumstances as required by s 17(2)(f) of the Superior Courts Act. The new documentary evidence sought to be introduced was found to be irrelevant, speculative, and lacking probative value, as it did not materially contradict the hospital staff's version and was not in affidavit form. The high court's factual findings regarding the absence of negligence and causation were supported by the evidence, including expert testimony and contemporaneous medical records. The applicant's arguments amounted to a rehashing of factual submissions already...

Court Disposition

Application for reconsideration of leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • No order as to costs.