MEC for Health, Eastern Cape v Mkhitha and Another (1221/2015) [2016] ZASCA 176 (25 November 2016)

Parties

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Local Division, High Court, Mthatha

Legal Issues

1. 1 Whether the MEC for Health, Eastern Cape is liable for damages sustained by the plaintiff as a result of injuries from a motor vehicle collision and subsequent medical treatment.
2. 2 Whether the negligence of hospital staff constitutes a novus actus interveniens breaking the chain of causation from the original collision.
3. 3 Whether the Road Accident Fund is solely liable for all damages arising from the collision under s 17(1) of the Road Accident Fund Act.

Ratio Decidendi

The Supreme Court of Appeal held that the negligence of the hospital staff at Bedford Orthopaedic Hospital constituted a novus actus interveniens, breaking the chain of causation from the original motor vehicle collision. Although the plaintiff would not have been hospitalized but for the negligent driving, the subsequent harm was caused by substandard medical treatment, not by the collision itself. The Road Accident Fund is not liable for damages resulting from the hospital's negligence, and the MEC for Health cannot escape liability for those damages. The special plea by the MEC was without merit and had no prospect of success. Furthermore, leave to appeal should not have been granted...

Court Disposition

Appeal dismissed with costs.

Orders

• The appeal is dismissed with costs.