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South Africa decisions
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V.N obo M.N v Member of the Executive Council for Health, Eastern Cape Province (10/2020) [2025] ZAECBHC 16 (29 July 2025)
Court held the province liable for negligent labour management causing a newborn’s hypoxic brain injury; quantum was postponed.
Seneca Civils (Pty) Ltd v Centriq Insurance Company Ltd (2016/12450) [2023] ZAGPJHC 1063 (22 September 2023)
The High Court compelled the defendant to have its expert sign a joint expert minute or provide its own minute, holding that disagreement did not justify refusal.
Prinsloo v Road Accident Fund (4842/2020) [2023] ZAFSHC 188 (19 May 2023)
The court awarded damages for past and future loss of earnings after finding the plaintiff’s injuries, chronic pain, and expert evidence showed severe employment impairment.
B.N obo obo N.S.N v MEC for Health, Gauteng (21336/2014) [2022] ZAGPPHC 251 (22 April 2022)
The court found that the plaintiff, acting in her representative capacity as mother and natural guardian of her disabled minor son, was entitled to claim damages for past caregiving services rendered beyond normal parental duties. The claim belonged to the injured child, not the parent, and was supported by established legal principles in both South African and English law. The defendant's reliance on PM obo TM was misplaced, as that case involved a personal claim by the parent and different factual circumstances. The quantum of damages was substantiated by expert joint minutes, which were bi…
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M on behalf of L, a child v Member of the Executive Council for Health: Gauteng Provincial Government (A5015/2020) [2021] ZAGPJHC 501 (8 October 2021)
The court held that the trial court erred in admitting and relying on Professor Smuts' late expert evidence, which sought to repudiate binding joint expert agreements after the commencement of trial without good cause. The remaining expert evidence and uncontested witness testimony established that the respondent's staff failed to monitor the foetal condition adequately and did not act on signs of distress as required by the Guidelines. This constituted negligent and wrongful conduct, and on a balance of probabilities, the failure to intervene after the 13h30 CTG caused L's hypoxic brain inju…
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Mokwena v South African Rail Commuter Corporation and Another (14465/2010) [2014] ZAGPJHC 146 (26 February 2014)
Quantum judgment for a train-accident plaintiff: the court awarded damages for pain and suffering, loss of earnings, and future medical expenses.
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