South Africa Case Law

Links v Member of the Executive Council, Department of Health, Northern Cape Province (CCT 29/15)

Links v Member of the Executive Council, Department of Health, Northern Cape Province (CCT 29/15) [2016] ZACC 10; 2016 (5) BCLR 656 (CC); 2016 (4) SA 414 (CC) (30 March 2016)

Court

Constitutional Court

Case number

CCT 29/15

Judges

Mogoeng, Moseneke, Cameron, Jafta, Khampepe, Madlanga, Matojane, Nkabinde, Van der Westhuizen, Wallis, Zondo

The Constitutional Court held that prescription under section 12(3) of the Prescription Act does not commence until the creditor has knowledge of the identity of the debtor and the facts from which the debt arises, including causation and fault. The applicant, although aware of his injury, did not know the cause or have reasonable grounds to suspect negligence by the hospital staff before his discharge and subsequent legal consultation. The respondent failed to discharge the onus of proving that the applicant had the requisite knowledge before 5 August 2006. The Court found that the applicant…

Source excerpt

• Prescription Act Interpretation
• Section 12 3 Prescription
• Medical Negligence
• Condonation
• Right Of Access To Court
• Aquilian Action