BN obo AN v Member of the Executive Council for the Department of Health Eastern Cape (1013/2021)
BN obo AN v Member of the Executive Council for the Department of Health Eastern Cape (1013/2021) [2025] ZAECMHC 20; [2025] 3 All SA 420 (ECM) (25 March 2025)
The court held that the statutory framework governing satisfaction of final court orders sounding in money against the State is clear: payment must be made within 30 days unless the parties agree to a different period. The defendant's reliance on inherent court powers under section 173 of the Constitution is misplaced, as those powers do not extend to substantive rights or override statutory requirements. The defendant failed to provide any evidentiary basis for its request to pay damages in instalments, such as details of financial constraints or the impact on healthcare delivery. The court…
Source excerpt
- Medical Negligence
- State Liability
- Damages Quantification
- Public Healthcare Defence
- Periodic Payments
- Constitutional Rights