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South Africa Case Law

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Administrative Law [2025] ZAGPPHC 676

Welkovics v Health Professional Council of South Africa (A274/2024)

Welkovics v Health Professional Council of South Africa (A274/2024) [2025] ZAGPPHC 676 (4 July 2025)

Court
North Gauteng High Court, Pretoria
Case number
A274/2024
Judges
D Kekana, C Collis

The court found that the appellant, as a private healthcare practitioner, had the right to refuse to accept a private patient unless the situation constituted an emergency. The evidence established that the deceased was stabilized and not in immediate danger at the time of the appellant's decision. No doctor-patient relationship or duty of care arose, as the appellant did not accept responsibility for the patient nor provide treatment instructions. The disciplinary and appeals committees erred in concluding that the appellant acted unprofessionally based solely on financial grounds, and their…

Source excerpt

  • Health Professions Act
  • Doctor Patient Relationship
  • Emergency Medical Care
  • Professional Conduct
  • Condonation
  • Ethical Rules
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Delict [2017] ZASCA 86

Politis NO v Member of the Executive Council for Health, Limpopo (792/2016)

Politis NO v Member of the Executive Council for Health, Limpopo (792/2016) [2017] ZASCA 86 (2 June 2017)

Court
Supreme Court of Appeal
Case number
792/2016
Judges
Navsa, Theron, Wallis, Mbatha, Schippers

The appeal failed because the cause of the deceased's death was not established by reliable expert evidence. The post-mortem report was inadequate and did not provide a clinical basis for attributing the death to any act or omission by the hospital or its staff. The appellant's expert, a general practitioner, conceded that he lacked the necessary expertise and that his views were speculative. The complaints regarding lack of equipment and instructions upon discharge were unfounded, as the medical evidence did not support that these factors contributed to the death. Without proof of causation,…

Source excerpt

  • Loss Of Support
  • Medical Negligence
  • Vicarious Liability
  • Hospital Strike
  • Causation
  • Emergency Medical Care
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Civil Procedure [2014] ZAGPJHC 337

L v MEC for Health, Gauteng (17077/2012)

L v MEC for Health, Gauteng (17077/2012) [2014] ZAGPJHC 337; 2015 (3) SA 616 (GJ) (26 November 2014)

Court
South Gauteng High Court, Johannesburg
Case number
17077/2012
Judge
Robinson AJ

The court found that the defendant, through its legal advisors and medical expert, failed to comply with basic standards of professional conduct and constitutional obligations. The defendant's representatives did not possess or provide the necessary medical records, failed to brief their expert adequately, and did not engage meaningfully with the plaintiff's expert evidence. Their conduct resulted in unnecessary delays, wasted court time, and increased costs. The court held that this amounted to gross negligence and incompetence, justifying a punitive costs order de bonis propriis against the…

Source excerpt

  • Medical Negligence
  • Costs De Bonis Propriis
  • Public Service Accountability
  • Discovery And Pre Trial
  • Constitutional Duties Of State
  • Emergency Medical Care
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.