South Africa Case Law

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)

Court

Eastern Cape High Court, Mthatha

Case number

1013/2021

Judge

Rusi

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

Member of Executive Council for Health of the Gauteng Provincial Government v S.N obo N.N (2015/28120)

Member of Executive Council for Health of the Gauteng Provincial Government v S.N obo N.N (2015/28120) [2024] ZAGPJHC 770 (5 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2015/28120

Judge

Fisher

The court found that the proposed separation of issues was neither convenient nor appropriate. The Public Healthcare Defence is not a novel defence but a form of mitigation of damages available under existing law. The issues of the child's needs and the defendant's ability to meet those needs through public healthcare are not discrete and are best determined together. Expert agreement on the child's needs has already been reached on several aspects, and further agreement is likely with proper trial preparation. Separating the quantum into two stages would result in unconscionable delay, preju…

Source excerpt

• Separation Of Issues
• Mitigation Of Damages
• Medical Negligence
• Quantification Of Damages
• Public Healthcare Defence

Mhlatshana v Member of Executive Council for Health Eastern Cape Province (1433/2015)

Mhlatshana v Member of Executive Council for Health Eastern Cape Province (1433/2015) [2024] ZAECMHC 19 (18 March 2024)

Court

Eastern Cape High Court, Mthatha

Case number

1433/2015

Judge

Govindjee

The plaintiff discharged the onus of proving the need and quantum for future caregiver support, domestic and auxiliary services, and transportation expenses. The defendant's public healthcare defence failed due to lack of cogent evidence that equivalent services would be available at the requisite standard and cost in the public sector. The state's proposed system for caregiver provision was vague, untested, and lacked operational detail, failing to meet the threshold required by law. The court declined to develop the common law as requested by the defendant, finding that the plaintiff is ent…

Source excerpt

• Public Healthcare Defence
• Quantum Of Damages
• Future Medical Expenses
• Constitutional Right To Healthcare
• Caregiver Support
• Once And For All Rule

Mashinini v Member of the Executive Council for Health and Social Development Gauteng Provincial Government (335/2021)

Mashinini v Member of the Executive Council for Health and Social Development Gauteng Provincial Government (335/2021) [2023] ZASCA 53; 2023 (5) SA 137 (SCA) (18 April 2023)

Court

Supreme Court of Appeal

Case number

335/2021

Judges

Zondi, Schippers, Gorven, Mali, Siwendu

The Supreme Court of Appeal held that the appellant discharged the onus of proving both the need for future medical treatment and the quantum thereof. The respondent failed to adduce any evidence that equivalent medical services would be available in the public sector at no or lesser cost, nor did it rebut the expert evidence presented by the appellant. The public healthcare defence was unsupported by evidence and did not justify compensation in kind. The common law does not require development in this context, and the appellant is entitled to monetary compensation for future medical and hosp…

Source excerpt

• Medical Negligence
• Aquilian Action
• Public Healthcare Defence
• Quantum Of Damages
• Mitigation Of Damages

M.C.N obo M.B.M v MEC for Health, Gauteng Province (2017/9252)

M.C.N obo M.B.M v MEC for Health, Gauteng Province (2017/9252) [2023] ZAGPJHC 66 (26 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2017/9252

Judge

Ford

The court determined that the minor suffered catastrophic and permanent disabilities due to birth-related medical negligence, resulting in total dependency and severely curtailed life expectancy. The parties' experts agreed on the nature and extent of the minor's condition, future care needs, and costs. The court accepted the actuarial quantification of future loss of earnings, applying a 20% contingency deduction, and comparative awards for general damages. The public healthcare defence was separated and postponed for future determination regarding certain disputed items. The court ordered t…

Source excerpt

• Medical Negligence
• Quantum Of Damages
• Cerebral Palsy
• Contingency Deduction
• Trust For Minor
• Public Healthcare Defence

Tyibilika v Member of the Executive Council for the Department of Health, Eastern Cape Province (579/2013)

Tyibilika v Member of the Executive Council for the Department of Health, Eastern Cape Province (579/2013) [2021] ZAECBHC 38 (30 November 2021)

Court

Eastern Cape High Court, Bhisho

Case number

579/2013

Judge

B Hartle

The court removed a medical-negligence quantum matter from the trial roll and ordered the defendant to pay 80% of the wasted costs.

• Case Management
• Amendment Of Pleadings
• Public Healthcare Defence
• Wasted Costs
• Trial Readiness
• Civil-procedure

Special Investigating Unit v MEC for Health for the Province of the Eastern Cape and Others (3658/2016)

Special Investigating Unit v MEC for Health for the Province of the Eastern Cape and Others (3658/2016) [2021] ZAECMHC 32 (30 August 2021)

Court

Eastern Cape High Court, Mthatha

Case number

3658/2016

Judge

Hartle

The court held that the SIU failed to establish locus standi to intervene in the finalized action. The alleged omission by the State Attorney to raise the public healthcare defence did not amount to serious maladministration within the meaning of the SIU's enabling Act or the relevant Proclamation. The SIU's mandate does not extend to reopening settled litigation or rescinding final court orders where no impropriety or unlawful conduct is established. The court emphasized that the right to relief must exist for the State institution itself, and the SIU cannot create such a right by mere inves…

Source excerpt

• Special Investigating Units Act
• Locus Standi
• Maladministration
• Medical Negligence Claims
• Public Healthcare Defence

V.D obo M.D v Member of Executive Council, Department of Health, Eastern Cape (634/2017)

V.D obo M.D v Member of Executive Council, Department of Health, Eastern Cape (634/2017) [2021] ZAECBHC 10 (13 August 2021)

Court

Eastern Cape High Court, Bhisho

Case number

634/2017

Judge

Hartle

The plaintiff failed to meet the jurisdictional requirements of Rule 34A for an interim payment. The application lacked sufficient detail and quantification of the child’s immediate medical needs and costs, relying on general references to medico-legal reports and expert affidavits that were incomplete, inconsistent, and perfunctorily prepared. The court found that the evidence did not justify the substantial interim payment sought, especially in light of the defendant’s concession to provide necessary services in kind through the public healthcare system and the imminent quantum trial. Howev…

Source excerpt

• Interim Payment
• Medical Negligence
• Public Healthcare Defence
• Quantification Of Damages

M[....] in her capacity as Mother and Natural Guardian of M[....] v Member of the Executive Council for Health, Gauteng Provincial Government (37420/2013)

M[....] in her capacity as Mother and Natural Guardian of M[....] v Member of the Executive Council for Health, Gauteng Provincial Government (37420/2013) [2021] ZAGPJHC 101 (22 July 2021)

Court

South Gauteng High Court, Johannesburg

Case number

37420/2013

Judge

L R Adams

The High Court granted the defendant leave to amend his plea, holding that a proposed development of the common law was not excipiable, and also granted condonation.

• Amendment Of Pleadings
• Professional Negligence
• Public Healthcare Defence
• Condonation Of Late Filing
• Amendment-of-pleadings
• Excipiable-plea

Mashinini v Member of the Executive Council for Health, Gauteng Province (1352/2017)

Mashinini v Member of the Executive Council for Health, Gauteng Province (1352/2017) [2021] ZAGPJHC 26 (11 March 2021)

Court

South Gauteng High Court, Johannesburg

Case number

1352/2017

Judge

Adams

The court found that, regarding the public healthcare defence, there are reasonable prospects that another court may reach a different conclusion, particularly on whether compensation in kind is appropriate given the evidence and the development of the common law. Therefore, leave to appeal on this issue is granted to the Supreme Court of Appeal. However, as to the quantification of general damages, the court held that the award was just and fair, and there is no reasonable prospect that another court would interfere with the trial court's discretion. Leave to appeal on the quantum of general…

Source excerpt

• Public Healthcare Defence
• Quantification Of General Damages
• Leave To Appeal Standard
• Medical Negligence
• Compensation In Kind