Nhassengo and Others v Member of the Executive Council for Health, Free State Province (975/2018) [2018] ZAFSHC 157 (12 October 2018)

Nhassengo and Others v Member of the Executive Council for Health, Free State Province (975/2018) [2018] ZAFSHC 157 (12 October 2018)

The court held that the plaintiffs, as close family members of the deceased, have a sufficient direct interest to establish locus standi. The defendant's attempt to limit the category of claimants was rejected, as the Supreme Court of Appeal has clarified that no general public policy limitation applies beyond the requirements of delictual liability and proof. The first exception, based on locus standi, was dismissed. Regarding the second exception, the court found that the plaintiffs had amended their particulars of claim, thereby admitting that the original pleadings were deficient. As the defendant did not object to the amendment, the issue became moot. The court deviated from the...

Citation
[2018] ZAFSHC 157
Parties
Plaintiff: Viriato Ben Nhassengo; Plaintiff: Vusi G Chambisse; Plaintiff: Rathipe Traiverse Molupe; Plaintiff: Jaime Chambisse; Plaintiff: Olga Zandile Kunene; Defendant: Member of the Executive Council for Health, Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 October 2018
Case Number
975/2018
Procedural Posture
Civil Application / Exception to Particulars of Claim
Outcome
The application is dismissed; each party pays its own costs.
Judges
Mathebula
Legal Topics
Locus Standi, Cause of Action, Exception Procedure, Psychiatric Injury Claims
Civil Procedure Delict Locus Standi Cause of Action Exception Procedure Psychiatric Injury Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Viriato Ben Nhassengo

Plaintiff

Vusi G Chambisse

Plaintiff

Rathipe Traiverse Molupe

Plaintiff

Jaime Chambisse

Plaintiff

Olga Zandile Kunene

Plaintiff

Member of the Executive Council for Health, Free State Province

Defendant

Procedural Posture

Civil Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs have pleaded sufficient direct interest to establish locus standi.
  2. 2 Whether the particulars of claim disclose a cause of action in delict or contract.
  3. 3 Whether the pleadings are excipiable for lack of material facts.

Ratio Decidendi

The court held that the plaintiffs, as close family members of the deceased, have a sufficient direct interest to establish locus standi. The defendant's attempt to limit the category of claimants was rejected, as the Supreme Court of Appeal has clarified that no general public policy limitation applies beyond the requirements of delictual liability and proof. The first exception, based on locus standi, was dismissed. Regarding the second exception, the court found that the plaintiffs had amended their particulars of claim, thereby admitting that the original pleadings were deficient. As the defendant did not object to the amendment, the issue became moot. The court deviated from the...

Court Disposition

The application is dismissed; each party pays its own costs.

Orders

  • The application is dismissed.
  • Each party pays its own costs.