Zwane obo Nthando v Member Of The Executive Council For Health,Gauteng Province (34058/2015) [2023] ZAGPJHC 114 (10 February 2023)

Zwane obo Nthando v Member Of The Executive Council For Health,Gauteng Province (34058/2015) [2023] ZAGPJHC 114 (10 February 2023)

The court found that the controversies regarding the admission and treatment of the maternity register, the contradictions between documentary and oral evidence, and the missing hospital records created sufficient uncertainty to warrant reconsideration by a full court. The judge held that the scope of evidence and the manner in which it was weighed could reasonably be viewed differently by another court. Accordingly, leave to appeal was granted to allow for a thorough re-examination of the evidence and the trial court's findings.

Citation
[2023] ZAGPJHC 114
Parties
Respondent: Ntombenhle Patricia Zwane obo Nthando; Applicant: Member Of The Executive Council For Health, Gauteng Province
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 February 2023
Case Number
34058/2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Trial Judgment
Outcome
Leave to appeal granted to the full court; costs of the application to be costs in the appeal.
Judges
Sutherland DJP
Legal Topics
Medical Negligence, Admission of Evidence, Weight of Evidence, Missing Hospital Records
Delict Civil Procedure Medical Negligence Admission of Evidence Weight of Evidence Missing Hospital Records

Case Brief

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Parties

Ntombenhle Patricia Zwane obo Nthando

Respondent

Member Of The Executive Council For Health, Gauteng Province

Applicant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Trial Judgment

Legal Issues

  1. 1 Whether the trial court erred in finding no medical negligence by hospital staff causing the baby's condition.
  2. 2 Whether the admission and treatment of the maternity register and other documentary evidence was proper.
  3. 3 Whether the contradictions between documentary evidence and oral testimony were correctly resolved.

Ratio Decidendi

The court found that the controversies regarding the admission and treatment of the maternity register, the contradictions between documentary and oral evidence, and the missing hospital records created sufficient uncertainty to warrant reconsideration by a full court. The judge held that the scope of evidence and the manner in which it was weighed could reasonably be viewed differently by another court. Accordingly, leave to appeal was granted to allow for a thorough re-examination of the evidence and the trial court's findings.

Court Disposition

Leave to appeal granted to the full court; costs of the application to be costs in the appeal.

Orders

  • Leave to appeal is granted to the full court.
  • The costs of this application will be costs in the appeal.