MM obo GM v Member of the Executive Council for the Department of Health, North West Province (782/2022) [2024] ZASCA 52 (18 April 2024)

MM obo GM v Member of the Executive Council for the Department of Health, North West Province (782/2022) [2024] ZASCA 52 (18 April 2024)

The Supreme Court of Appeal held that the appellant failed to prove her claim for emotional trauma and nervous shock, as there was no evidence of a detectable psychiatric injury. The high court failed to decide the lis regarding emotional shock, and thus the claim must be remitted for determination. The claims for future medical expenses and loss of earnings fell away with the death of GM. The claim for general damages is transmissible to GM's estate, but only the executor has locus standi to prosecute such claims. The appellant, having failed to report GM's death to the Master and lacking locus standi, cannot proceed with the claims on behalf of the deceased child. The proceedings must...

Citation
[2024] ZASCA 52
Parties
Appellant: M M on behalf of G M; Respondent: Member of the Executive Council for the Department of Health, North West Province
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 April 2024
Case Number
782/2022
Procedural Posture
Civil Appeal / Appeal From Full Court of North West Division of the High Court, Mahikeng
Outcome
Appeal struck off with costs; claim for emotional trauma and nervous shock remitted to trial court; other heads of damages struck off the roll with costs.
Judges
Makgoka, Hughes, Matojane, Musi, Chetty
Legal Topics
Medical Negligence, Emotional Shock Claims, Locus Standi, Transmissibility of Claims, Causation, Remittal of Claim
Delict Civil Procedure Medical Negligence Emotional Shock Claims Locus Standi Transmissibility of Claims Causation Remittal of Claim

Case Brief

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Parties

M M on behalf of G M

Appellant

Member of the Executive Council for the Department of Health, North West Province

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Court of North West Division of the High Court, Mahikeng

Legal Issues

  1. 1 Whether the appellant has locus standi to prosecute claims on behalf of the deceased minor child.
  2. 2 Whether the appellant proved her personal claim for emotional trauma and nervous shock.
  3. 3 Whether claims for damages on behalf of the deceased minor child are transmissible to the estate.

Ratio Decidendi

The Supreme Court of Appeal held that the appellant failed to prove her claim for emotional trauma and nervous shock, as there was no evidence of a detectable psychiatric injury. The high court failed to decide the lis regarding emotional shock, and thus the claim must be remitted for determination. The claims for future medical expenses and loss of earnings fell away with the death of GM. The claim for general damages is transmissible to GM's estate, but only the executor has locus standi to prosecute such claims. The appellant, having failed to report GM's death to the Master and lacking locus standi, cannot proceed with the claims on behalf of the deceased child. The proceedings must...

Court Disposition

Appeal struck off with costs; claim for emotional trauma and nervous shock remitted to trial court; other heads of damages struck off the roll with costs.

Orders

  • The order of the full court is set aside and replaced with the following:
  • The appellant's claim for emotional trauma and nervous shock is remitted to the trial court for determination.