Loni v Member of the Executive Council, Department of Health, Eastern Cape Bhisho (CCT54/17) [2018] ZACC 2; 2018 (3) SA 335 (CC); 2018 (6) BCLR 659 (CC) (22 February 2018)

Loni v Member of the Executive Council, Department of Health, Eastern Cape Bhisho (CCT54/17) [2018] ZACC 2; 2018 (3) SA 335 (CC); 2018 (6) BCLR 659 (CC) (22 February 2018)

The Constitutional Court held that the applicant had knowledge of the facts giving rise to his claim long before consulting an independent medical professional. The objective standard under section 12(3) of the Prescription Act requires that a reasonable person in the applicant's position would have suspected sub-standard treatment and sought further advice, given the ongoing pain, infection, and possession of his medical file. The Court distinguished the facts from those in Links, finding that the applicant's personal experience and available records were sufficient to trigger prescription. The applicant's lack of knowledge regarding the specific medical diagnosis or extent of harm was...

Citation
[2018] ZACC 2
Parties
Applicant: Mzwandile Owen Loni; Respondent: Member of the Executive Council, Department of Health, Eastern Cape, Bhisho
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
22 February 2018
Case Number
CCT 54/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court After Refusal by Supreme Court of Appeal
Outcome
Application for leave to appeal dismissed; no order as to costs.
Judges
Mogoeng, Zondo, Cameron, Froneman, Jafta, Kathree-Setiloane, Kollapen, Madlanga, Mhlantla, Theron, Zondi
Legal Topics
Prescription Act Section 12 3, Medical Negligence, Objective Standard of Knowledge, Reasonable Person Test, Contractual Liability, Fair Trial Right
Civil Procedure Delict Prescription Act Section 12 3 Medical Negligence Objective Standard of Knowledge Reasonable Person Test Contractual Liability Fair Trial Right

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Parties

Mzwandile Owen Loni

Applicant

Member of the Executive Council, Department of Health, Eastern Cape, Bhisho

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Constitutional Court After Refusal by Supreme Court of Appeal

Legal Issues

  1. 1 Whether the applicant's claim for damages against the MEC had prescribed under section 12(3) of the Prescription Act.
  2. 2 Whether the applicant had knowledge of the facts giving rise to the debt before consulting an independent medical professional.
  3. 3 Whether the lower courts correctly applied the objective standard for deemed knowledge under section 12(3).

Ratio Decidendi

The Constitutional Court held that the applicant had knowledge of the facts giving rise to his claim long before consulting an independent medical professional. The objective standard under section 12(3) of the Prescription Act requires that a reasonable person in the applicant's position would have suspected sub-standard treatment and sought further advice, given the ongoing pain, infection, and possession of his medical file. The Court distinguished the facts from those in Links, finding that the applicant's personal experience and available records were sufficient to trigger prescription. The applicant's lack of knowledge regarding the specific medical diagnosis or extent of harm was...

Court Disposition

Application for leave to appeal dismissed; no order as to costs.

Orders

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