South Africa Case Law

MEC for the Department of Health Eastern Cape v NEHAWU and Others (P48/22)

MEC for the Department of Health Eastern Cape v NEHAWU and Others (P48/22) [2022] ZALCPE 9 (24 June 2022)

Court

Labour Court Port Elizabeth

Case number

P48/22

Judge

Lallie

The Labour Court found that it lacked jurisdiction to adjudicate the respondents' counter-application, which sought declaratory relief based on alleged violations of section 27 of the Constitution and various health statutes. The respondents failed to demonstrate that the alleged constitutional violation arose from employment or labour relations, or any of the circumstances contemplated in section 157(2) of the Labour Relations Act. The pleadings did not identify any individual denied emergency medical treatment, nor did they establish a link between the alleged violation and the applicant's…

Source excerpt

• Jurisdiction Of Labour Court
• Section 157 Lra
• Section 27 Constitution
• Declaratory Orders
• Unprotected Strike

Y.M v MEC: Department of Health Free State and Another (4551/2015)

Y.M v MEC: Department of Health Free State and Another (4551/2015) [2020] ZAFSHC 48 (10 March 2020)

Court

Free State High Court, Bloemfontein

Case number

4551/2015

Judge

Naidoo

Medical-negligence trial concerning an incomplete appendectomy and poor post-operative care. The High Court found the defendants liable for the plaintiff’s damages.

• Medical Negligence
• Vicarious Liability
• Duty Of Care
• Section 27 Constitution
• Expert Evidence
• Costs Punitive Order

Ntsele v Mec for Health, Gauteng Provincial Government (2009/52394)

Ntsele v Mec for Health, Gauteng Provincial Government (2009/52394) [2012] ZAGPJHC 208; [2013] 2 All SA 356 (GSJ) (24 October 2012)

Court

South Gauteng High Court, Johannesburg

Case number

2009/52394

Judge

Mokgoatlheng

The court found that the plaintiff established a prima facie case of negligence through circumstantial evidence and expert testimony. The defendant failed to rebut this case, as no direct evidence or credible explanation was provided regarding the missing clinic and hospital records, nor were the relevant staff called to testify. The court held that the delay in treatment, failure to monitor the foetal heart rate, and lack of prompt caesarean section constituted a breach of the duty of care. The application of the doctrine of res ipsa loquitur was justified due to the exclusive knowledge of t…

Source excerpt

• Medical Negligence
• Duty Of Care
• Section 27 Constitution
• Res Ipsa Loquitur
• Causation
• Hospital Records Management

Federation for Sustainable Environment and Others v Minister of Water Affairs and Others (35672/12)

Federation for Sustainable Environment and Others v Minister of Water Affairs and Others (35672/12) [2012] ZAGPPHC 170 (15 August 2012)

Court

North Gauteng High Court, Pretoria

Case number

35672/12

Judge

N M Mavundla

The High Court dismissed leave to appeal against an interim execution order requiring water relief, finding no basis to suspend execution and awarding costs.

• Right Of Access To Water
• Interim Execution Orders
• Leave To Appeal
• Rule 49 11
• Section 27 Constitution
• Municipal Service Delivery