NSS obo AS v MEC for Health, Eastern Cape Province (017/22)
NSS obo AS v MEC for Health, Eastern Cape Province (017/22) [2023] ZASCA 41; 2023 (6) SA 408 (SCA) (31 March 2023)
The Supreme Court of Appeal held that the purported admission by the respondent regarding the expert reports did not constitute a formal admission of fact under section 15 of the Civil Proceedings Evidence Act. Expert opinions are not facts and cannot be admitted as such to bind the court or preclude the presentation of contrary evidence. The court is duty-bound to assess expert evidence independently and is not bound by the opinions of experts, even if those opinions are agreed upon or admitted by a party. The High Court's order, which prevented the plaintiff from adducing evidence to challe…
Source excerpt
- Admissions On Record
- Expert Evidence
- Medical Negligence
- Child Best Interests