South Africa Case Law

MM obo GM v Member of the Executive Council for the Department of Health, North West Province (782/2022)

MM obo GM v Member of the Executive Council for the Department of Health, North West Province (782/2022) [2024] ZASCA 52 (18 April 2024)

Court

Supreme Court of Appeal

Case number

782/2022

Judges

Makgoka, Hughes, Matojane, Musi, Chetty

The Supreme Court of Appeal dealt with medical negligence claims after a minor child’s death, addressing transmissibility, locus standi, and an unproven emotional shock claim.

• Medical Negligence
• Emotional Shock Claims
• Locus Standi
• Transmissibility Of Claims
• Causation
• Remittal Of Claim

M.M v MEC for Education, Mpumalanga Province (A11/2023)

M.M v MEC for Education, Mpumalanga Province (A11/2023) [2023] ZAMPMBHC 68 (17 November 2023)

Court

Mbombela High Court, Mpumalanga

Case number

A11/2023

Judges

Greyling-Coetzer, TV Ratshibvumo, JH Roelofse

Appeal dismissed in a school stabbing compensation claim. The court held the appellant proved neither a detectable psychiatric injury nor a basis to disturb the liability finding.

• Emotional Shock Claims
• Separation Of Issues
• Negligence
• Psychiatric Injury Requirement
• Rule 33 4
• Duty Of Care

Kritzinger and Another v Road Accident Fund (337/08)

Kritzinger and Another v Road Accident Fund (337/08) [2009] ZAECPEHC 6 (24 March 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

337/08

Judge

Jansen

The High Court awarded damages after the death of the plaintiffs’ two daughters in a road accident, including R150,000 general damages to the first plaintiff.

• Emotional Shock Claims
• General Damages
• Bereavement
• Road Accident Fund Act
• Quantification Of Damages
• Emotional-shock-claims

Lourens v Road Accident Fund (30468/2006)

Lourens v Road Accident Fund (30468/2006) [2009] ZAGPPHC 179 (23 March 2009)

Court

North Gauteng High Court, Pretoria

Case number

30468/2006

Judge

Sapire AJ

The court found that the plaintiff failed to provide sufficient evidence to establish that the minor children suffered psychological trauma directly attributable to the negligent driving and subsequent death of their father. The absence of testimony from the children and lack of contemporaneous expert diagnosis undermined the claims for emotional shock and trauma. The expert reports, prepared years after the incident and for the purposes of litigation, did not establish the necessary causal link. Consequently, the claims for general damages for emotional shock were dismissed. However, the cla…

Source excerpt

• Emotional Shock Claims
• Loss Of Support
• Quantification Of Damages
• Causation
• Expert Evidence