N.N obo N.S.L v MEC for Health, KwaZulu-Natal (3463/2017P) [2025] ZAKZPHC 50 (7 May 2025)

N.N obo N.S.L v MEC for Health, KwaZulu-Natal (3463/2017P) [2025] ZAKZPHC 50 (7 May 2025)

The court found that the applicant failed to provide a satisfactory explanation for the proposed amendment, which sought to change the date of hospital admission from 14 February 2010 to 13 February 2010. The evidence supporting the amendment was based on a revenue form completed after discharge for statistical purposes, which contradicted all contemporaneous hospital records and was not reliable. The applicant did not submit an affidavit explaining the mistake or provide supporting evidence from herself or her sister. The founding affidavit was deposed to by the applicant’s attorney, who could not attest to the applicant’s personal knowledge. The court concluded that the amendment did...

Citation
[2025] ZAKZPHC 50
Parties
Applicant: N[…] N[…] OBO N[…] S[…] L[…]; Respondent: MEC for Health, KwaZulu-Natal
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
7 May 2025
Case Number
3463/2017P
Procedural Posture
Interlocutory Application / Application to Amend Particulars of Claim Prior to Judgment in Main Action
Outcome
Application for amendment dismissed.
Judges
Mathenjwa
Legal Topics
Amendment of Pleadings, Medical Negligence, Best Interests of Child, Mala Fides in Amendment, Triable Issue, Burden of Proof
Civil Procedure Delict Family and Children Amendment of Pleadings Medical Negligence Best Interests of Child Mala Fides in Amendment Triable Issue +1 more

Case Brief

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Parties

N[…] N[…] OBO N[…] S[…] L[…]

Applicant

MEC for Health, KwaZulu-Natal

Respondent

Procedural Posture

Interlocutory Application / Application to Amend Particulars of Claim Prior to Judgment in Main Action

Legal Issues

  1. 1 Whether the applicant's application to amend her particulars of claim should be granted.
  2. 2 Whether the proposed amendment raises a triable issue.
  3. 3 Whether the application for amendment is mala fide.

Ratio Decidendi

The court found that the applicant failed to provide a satisfactory explanation for the proposed amendment, which sought to change the date of hospital admission from 14 February 2010 to 13 February 2010. The evidence supporting the amendment was based on a revenue form completed after discharge for statistical purposes, which contradicted all contemporaneous hospital records and was not reliable. The applicant did not submit an affidavit explaining the mistake or provide supporting evidence from herself or her sister. The founding affidavit was deposed to by the applicant’s attorney, who could not attest to the applicant’s personal knowledge. The court concluded that the amendment did...

Court Disposition

Application for amendment dismissed.

Orders

  • The applicant’s application is dismissed.
  • No order as to costs.