PN v Member of the Executive Council for Health of the Gauteng Division Government (217/2019) [2020] ZASCA 66 (17 June 2020)

PN v Member of the Executive Council for Health of the Gauteng Division Government (217/2019) [2020] ZASCA 66 (17 June 2020)

The Supreme Court of Appeal held that the prior order of Moshidi J, made on the basis of the parties' agreement and the pleadings at the time, contemplated only monetary compensation in a lump sum for proven damages. No plea for development of the common law or for alternative forms of compensation was raised or considered at that stage. The meaning of 'pay' in the order, construed in its context, precludes the respondent from rendering services or paying damages in instalments. The subsequent plea for development of the common law was not contemplated by the parties or the court at the time of the original order. The court below erred in interpreting the order to allow for alternative...

Citation
[2020] ZASCA 66
Parties
Appellant: P[…] N[…] obo E[…] N[]; Respondent: The Member of the Executive Council for Health of the Gauteng Provincial Government
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 June 2020
Case Number
217/2019
Procedural Posture
Civil Appeal / Appeal From Gauteng Local Division, Johannesburg; Quantum and Form of Compensation After Liability Established
Outcome
Appeal upheld with costs, including costs of two counsel. The order of the court a quo is set aside and substituted to declare that the prior order precludes the respondent from rendering services or paying damages in instalments.
Judges
Navsa, Saldulker, Dlodlo, Koen, Matojane
Legal Topics
Medical Negligence, Quantum of Damages, Structured Settlement, Development of Common Law
Delict Civil Procedure Medical Negligence Quantum of Damages Structured Settlement Development of Common Law

Case Brief

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Parties

P[…] N[…] obo E[…] N[]

Appellant

The Member of the Executive Council for Health of the Gauteng Provincial Government

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Local Division, Johannesburg; Quantum and Form of Compensation After Liability Established

Legal Issues

  1. 1 Whether the prior order of Moshidi J precludes the court from ordering the respondent to render services and supply medical items instead of paying monetary damages.
  2. 2 Whether the respondent may pay damages in future instalments rather than a lump sum.
  3. 3 Whether the Public Finance Management Act or Treasury Regulations bar the court from ordering services or instalment payments.

Ratio Decidendi

The Supreme Court of Appeal held that the prior order of Moshidi J, made on the basis of the parties' agreement and the pleadings at the time, contemplated only monetary compensation in a lump sum for proven damages. No plea for development of the common law or for alternative forms of compensation was raised or considered at that stage. The meaning of 'pay' in the order, construed in its context, precludes the respondent from rendering services or paying damages in instalments. The subsequent plea for development of the common law was not contemplated by the parties or the court at the time of the original order. The court below erred in interpreting the order to allow for alternative...

Court Disposition

Appeal upheld with costs, including costs of two counsel. The order of the court a quo is set aside and substituted to declare that the prior order precludes the respondent from rendering services or paying damages in instalments.

Orders

  • The appeal is upheld with costs, including the costs of two counsel where employed.
  • The order of the court a quo is set aside.