M.M v Member of the Executive Council for the Department of Health, Eastern Cape (920/2021) [2024] ZAECBHC 12 (27 May 2024)

M.M v Member of the Executive Council for the Department of Health, Eastern Cape (920/2021) [2024] ZAECBHC 12 (27 May 2024)

The defendant is bound by the admissions in the pre-trial minute and joint expert minutes regarding the quantum of damages for caregiving. There is no factual or legal basis for the defendant to resile from these agreements or to seek payment in instalments. The State Liability Amendment Act and Public Finance Management Act require payment of judgment debts within thirty days of the order becoming final, unless an agreement to the contrary exists between the judgment creditor and the accounting officer. No such agreement exists in this case. The defendant's attempt to vary the consent order to allow staggered payments is unsupported by evidence or law and is procedurally defective, as no...

Citation
[2024] ZAECBHC 12
Parties
Plaintiff: M[...] M[...]; Defendant: Member of the Executive Council for the Department of Health, Eastern Cape
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
27 May 2024
Case Number
920/2021
Procedural Posture
Civil Trial / Post Trial Judgment Following Consent Order and Argument on Payment Method
Outcome
The defendant is ordered to pay the plaintiff the full amounts for caregiving and trust management within thirty days, together with interest and costs.
Judges
Zono
Legal Topics
State Liability Amendment Act, Public Finance Management Act, Payment of Judgment Debt, Trust Management Costs, Variation of Court Orders
Civil Procedure Land and Property State Liability Amendment Act Public Finance Management Act Payment of Judgment Debt Trust Management Costs Variation of Court Orders

Case Brief

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Parties

M[...] M[...]

Plaintiff

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

Defendant

Procedural Posture

Civil Trial / Post Trial Judgment Following Consent Order and Argument on Payment Method

Legal Issues

  1. 1 Whether the defendant may pay the agreed damages for caregiving in instalments or staggered payments rather than a lump sum.
  2. 2 Whether the defendant is bound by the pre-trial and joint minutes admitting the quantum of damages for caregiving.
  3. 3 Whether the costs associated with the registration and management of a trust for the minor child are payable.

Ratio Decidendi

The defendant is bound by the admissions in the pre-trial minute and joint expert minutes regarding the quantum of damages for caregiving. There is no factual or legal basis for the defendant to resile from these agreements or to seek payment in instalments. The State Liability Amendment Act and Public Finance Management Act require payment of judgment debts within thirty days of the order becoming final, unless an agreement to the contrary exists between the judgment creditor and the accounting officer. No such agreement exists in this case. The defendant's attempt to vary the consent order to allow staggered payments is unsupported by evidence or law and is procedurally defective, as no...

Court Disposition

The defendant is ordered to pay the plaintiff the full amounts for caregiving and trust management within thirty days, together with interest and costs.

Orders

  • The Defendant shall pay the plaintiff the amount of R8,660,582.00 in respect of the minor child's claim and/or special damages for caregivers.
  • The Defendant shall pay the plaintiff the amount of R649,543.65 for the establishment, registration, and management of a trust for the benefit of the minor child, calculated at 7.5% of the caregiving award.