South Africa Case Law

N.K obo U.K v Member of the Executive Council for the Department of Health, Eastern Cape (CA 6/2023; 827/2019)

N.K obo U.K v Member of the Executive Council for the Department of Health, Eastern Cape (CA 6/2023; 827/2019) [2024] ZAECBHC 2; [2024] 3 All SA 882 (ECB) (9 April 2024)

Court

Eastern Cape High Court, Bhisho

Case number

CA 6/2023; 827/2019

Judges

Laing, Rusi, Bands

Appeal dismissed in a medical negligence claim involving neonatal brain injury; the court held that the injury probably predated labour and was not caused by the alleged intrapartum negligence.

• Medical Negligence
• Causation In Delict
• Expert Evidence
• Cerebral Palsy
• Placental Pathology
• Admissibility Of Hearsay Evidence

S.L.N v Member of The Executive Council For Health of The Gauteng Provincial Government (35801/19)

S.L.N v Member of The Executive Council For Health of The Gauteng Provincial Government (35801/19) [2022] ZAGPPHC 573 (22 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

35801/19

Judge

Francis-Subbiah

The court found that the plaintiff established, on a balance of probabilities, that the defendant's employees were negligent in their care and management of the plaintiff and her child during labour and delivery. The evidence showed that signs of foetal distress were present and warranted urgent intervention, including a caesarean section, which was planned but not performed without explanation. The administration of Syntocinon in the presence of non-reassuring CTG tracings further exacerbated the risk of hypoxic injury. The destruction of key hospital records and failure to call treating doc…

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• Medical Negligence
• Hospital Recordkeeping
• Causation In Delict
• Expert Evidence
• Cerebral Palsy
• Costs Award

Luke M Tembani and Others v President of the Republic of South Africa and Another (167/2021)

Luke M Tembani and Others v President of the Republic of South Africa and Another (167/2021) [2022] ZASCA 70; 2023 (1) SA 432 (SCA) (20 May 2022)

Court

Supreme Court of Appeal

Case number

167/2021

Judges

Ponnan, Molemela, Musi, Meyer, Phatshoane

The Supreme Court of Appeal held that a novel delictual claim should not have been dismissed on exception and that the cross-appeal was not appealable.

• Exception Procedure
• Causation In Delict
• Novel Delictual Claims
• Bill Of Rights Limitation
• Prescription
• Development Of Common Law

L.D obo A.D v Member of the Executive Council responsible for the Department of Health (2998/2018)

L.D obo A.D v Member of the Executive Council responsible for the Department of Health (2998/2018) [2021] ZAECMHC 5 (26 January 2021)

Court

Eastern Cape High Court, Mthatha

Case number

2998/2018

Judge

Z.M. Nhlangulela

High Court medical negligence matter on labour management and causation. The court held the health department liable, with quantum separated from the merits.

• Medical Negligence
• Causation In Delict
• Cerebral Palsy
• Expert Evidence
• Hospital Liability
• Quantum Separation

Madyibi v Minister of Police (4132/17)

Madyibi v Minister of Police (4132/17) [2020] ZAECMHC 11; 2020 (2) SACR 243 (ECM) (17 March 2020)

Court

Eastern Cape High Court, Mthatha

Case number

4132/17

Judge

B R Tokota

The High Court found the plaintiff was unlawfully arrested and detained by police while demarcating land sites for the community, and awarded R40,000 damages.

• Unlawful Arrest
• Unlawful Detention
• Quantum Of Damages
• Spatial Planning And Land Use Management Act
• Constitutional Right To Freedom
• Causation In Delict

P.M obo A.M v MEC, Department of Health North West Provincial Government (754/2016)

P.M obo A.M v MEC, Department of Health North West Provincial Government (754/2016) [2020] ZANWHC 6 (6 February 2020)

Court

North West High Court, Mafikeng

Case number

754/2016

Judge

N G Laubscher

High Court delict claim over a child’s cerebral palsy failed on causation, despite findings of negligent monitoring and improper funnel pressure during labour.

• Medical Negligence
• Causation In Delict
• Sentinel Event
• Standard Of Care
• Cerebral Palsy
• Apgar Scores

Matebese v Minister of Police (2224/2017)

Matebese v Minister of Police (2224/2017) [2019] ZAECPEHC 37 (18 June 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2224/2017

Judge

M J Lowe

The court found that the arresting officer lawfully arrested the plaintiff under Section 40(1)(a) of the Criminal Procedure Act, based on direct observation of the plaintiff purchasing drugs from a known dealer and the absence of any credible exculpatory explanation. The plaintiff's version was rejected as fabricated and inconsistent. The police acted reasonably in processing the plaintiff after arrest, and the delay in bringing him before a court or prosecutor was justified by operational requirements and did not render the detention unlawful. The plaintiff was not eligible for release on wa…

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• Unlawful Arrest
• Unlawful Detention
• Section 40 Criminal Procedure Act
• Bail Procedure
• Causation In Delict
• Damages

Nahour and Another v Minister of Justice and Constitutional Development (6057/2007)

Nahour and Another v Minister of Justice and Constitutional Development (6057/2007) [2018] ZAKZPHC 65 (3 August 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6057/2007

Judge

D Pillay

The plaintiffs failed to discharge the onus of proving causation between the prosecutrix's irregularity and their damages. The evidence showed that, even excluding the complainant's testimony, the plaintiffs had a compelling case to answer and could have been convicted on the remaining evidence. Their acquittal by the Supreme Court of Appeal was not proof of innocence but rather a finding that the State had not met the threshold of proof beyond reasonable doubt. Furthermore, the plaintiffs' admitted criminal conduct—procuring sex for reward—constituted turpitude and was instrumental to their…

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• Wrongful Conviction
• Causation In Delict
• Ex Turpi Causa
• State Liability
• Prescription Act
• Constitutional Values

A.M obo K.M v Member of the Executive Council for Health, Eastern Cape (726/14)

A.M obo K.M v Member of the Executive Council for Health, Eastern Cape (726/14) [2017] ZAECMHC 6; 2017 JDR 0598 (ECM) (30 March 2017)

Court

Eastern Cape High Court, Mthatha

Case number

726/14

Judge

Z.M. Nhlangulela

Medical negligence claim over cerebral palsy dismissed after the court found no proved causal link between alleged labour mismanagement and the injury.

• Medical Negligence
• Cerebral Palsy
• Causation In Delict
• Expert Evidence
• Hospital Records Admissibility
• Burden Of Proof

Rehau Polymer (Pty) Ltd v Brunette Electrical and Others (727/2011)

Rehau Polymer (Pty) Ltd v Brunette Electrical and Others (727/2011) [2014] ZAECPEHC 102 (26 June 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

727/2011

Judge

Alkema

The court held that the plaintiff did not instruct that a fire suppression system remain unactivated, and only the installer was causally at fault in delict.

• Causation In Delict
• Apportionment Of Damages Act
• Occupational Health And Safety
• Fire Suppression Systems
• Wrongfulness And Omission
• Contractual Liability