P.H obo S.H v MEC for Health for the Province of KwaZulu-Natal (11198/2016) [2020] ZAKZDHC 38; 2021 (1) SA 530 (KZD) (31 August 2020)

P.H obo S.H v MEC for Health for the Province of KwaZulu-Natal (11198/2016) [2020] ZAKZDHC 38; 2021 (1) SA 530 (KZD) (31 August 2020)

The court found that the plaintiff had proved entitlement to an interim payment for past and immediate future medical expenses, as well as an advance payment for other damages. The defendant's concession of liability and tender of payment supported the plaintiff's claim. The court held that Uniform rule 34A does not extend to general damages or loss of earning capacity, and no basis existed to exercise inherent jurisdiction beyond the rule. Regarding the application to amend the plea, the court determined that the proposed public healthcare defence was not supported by sufficient evidence of equivalent public facilities or necessity for development of the common law. The amendment would...

Citation
[2020] ZAKZDHC 38
Parties
Plaintiff: P H (obo S H); Defendant: MEC for Health for the Province of KwaZulu-Natal
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
31 August 2020
Case Number
11198/2016
Procedural Posture
Civil Application / Interim Payment and Application for Leave to Amend Plea
Outcome
The plaintiff's application for interim payment is granted. The defendant's application for leave to amend the plea is refused.
Judges
Mngadi
Legal Topics
Interim Payment, Public Healthcare Defence, Amendment of Plea, Development of Common Law, Compensation for Personal Injury, Bill of Rights Limitation
Delict Civil Procedure Constitutional Law Interim Payment Public Healthcare Defence Amendment of Plea Development of Common Law Compensation for Personal Injury +1 more

Case Brief

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Parties

P H (obo S H)

Plaintiff

MEC for Health for the Province of KwaZulu-Natal

Defendant

Procedural Posture

Civil Application / Interim Payment and Application for Leave to Amend Plea

Legal Issues

  1. 1 Whether the plaintiff is entitled to an interim payment under Uniform rule 34A for past and immediate future medical expenses.
  2. 2 Whether the defendant should be granted leave to amend the plea to introduce the public healthcare defence and periodic payments.
  3. 3 Whether the proposed amendment to the plea is consistent with constitutional principles and the common law of delict.

Ratio Decidendi

The court found that the plaintiff had proved entitlement to an interim payment for past and immediate future medical expenses, as well as an advance payment for other damages. The defendant's concession of liability and tender of payment supported the plaintiff's claim. The court held that Uniform rule 34A does not extend to general damages or loss of earning capacity, and no basis existed to exercise inherent jurisdiction beyond the rule. Regarding the application to amend the plea, the court determined that the proposed public healthcare defence was not supported by sufficient evidence of equivalent public facilities or necessity for development of the common law. The amendment would...

Court Disposition

The plaintiff's application for interim payment is granted. The defendant's application for leave to amend the plea is refused.

Orders

  • The defendant is ordered to pay the plaintiff an interim payment of R1,529,766.51 within thirty days by depositing the amount into the trust account of Friedman & Associates. Failing payment, interest at the prescribed legal rate will accrue from the due date until payment is made.
  • The defendant is ordered to pay the costs of the interim payment application, including the costs of two counsel where employed.