Mbhele v MEC for Health for the Gauteng Province (355/2015) [2016] ZASCA 166 (18 November 2016)

Mbhele v MEC for Health for the Gauteng Province (355/2015) [2016] ZASCA 166 (18 November 2016)

The Supreme Court of Appeal found that the medical staff at Chris Hani Baragwanath Hospital were negligent in failing to provide prompt and appropriate care to the appellant, resulting in the stillbirth of her child. The appellant suffered severe emotional shock and distress as a direct consequence of this negligence, which was sufficiently established in the statement of facts and supported by expert medical reports. The High Court erred in finding that the claim for emotional shock was abandoned. The court held that South African law does not recognise a claim for constitutional damages based on the right to rear a child who was not born alive, and the appellant failed to lay a proper...

Citation
[2016] ZASCA 166
Parties
Appellant: Delisile Mbhele; Respondent: MEC for Health for the Gauteng Province
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 November 2016
Case Number
355/2015
Procedural Posture
Civil Appeal / Appeal From Gauteng Local Division of the High Court, Johannesburg
Outcome
Appeal upheld with costs; High Court order set aside and substituted.
Judges
Cachalia, Tshiqi, Theron, Mocumie, Fourie
Legal Topics
Emotional Shock, General Damages, Medical Negligence, Uniform Rule 33, Constitutional Damages
Delict Civil Procedure Emotional Shock General Damages Medical Negligence Uniform Rule 33 Constitutional Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Delisile Mbhele

Appellant

MEC for Health for the Gauteng Province

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Local Division of the High Court, Johannesburg

Legal Issues

  1. 1 Whether the appellant proved a claim for damages for emotional shock resulting from the stillbirth caused by medical negligence.
  2. 2 Whether South African law recognises a claim for constitutional damages for the loss of the right to rear a child.
  3. 3 Whether the stated case complied with the requirements of Uniform rule 33.

Ratio Decidendi

The Supreme Court of Appeal found that the medical staff at Chris Hani Baragwanath Hospital were negligent in failing to provide prompt and appropriate care to the appellant, resulting in the stillbirth of her child. The appellant suffered severe emotional shock and distress as a direct consequence of this negligence, which was sufficiently established in the statement of facts and supported by expert medical reports. The High Court erred in finding that the claim for emotional shock was abandoned. The court held that South African law does not recognise a claim for constitutional damages based on the right to rear a child who was not born alive, and the appellant failed to lay a proper...

Court Disposition

Appeal upheld with costs; High Court order set aside and substituted.

Orders

  • The application for condonation for the late delivery of the respondent’s heads of argument is granted.
  • The appeal is upheld with costs.