South Africa Case Law

I.M and Another v Members of the Executive Council (MEC) for Health and Social Development (29740/21)

I.M and Another v Members of the Executive Council (MEC) for Health and Social Development (29740/21) [2025] ZAGPPHC 446 (30 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

29740/21

Judge

N Mzuzu

The court held the health department liable for a child’s brain injury after finding negligent labor monitoring and delayed intervention at a clinic and hospital.

• Medical Negligence
• Standard Of Care
• Section 27 Right To Healthcare
• Causation
• Vicarious Liability
• Assessment Of Expert Evidence

NVM obo VKM v Tembisa Hospital and Another (CCT 202/20)

NVM obo VKM v Tembisa Hospital and Another (CCT 202/20) [2022] ZACC 11; 2022 (6) BCLR 707 (CC) (25 March 2022)

Court

Constitutional Court

Case number

CCT 202/20

Judges

Zondo ACJ, Madlanga J, Madondo AJ, Majiedt J, Mhlantla J, Pillay AJ, Rogers AJ, Theron J, Tlaletsi AJ, Tshiqi J

The Constitutional Court held that it did not have jurisdiction to entertain the matter, as the sole issue was factual causation in a medical negligence claim and did not raise a constitutional issue or an arguable point of law of general public importance. The majority found that the applicant's challenge was to the factual findings of the Full Court, not to any legal or constitutional principle. The Court emphasised that its jurisdiction does not extend to purely factual disputes, even where lower courts may have erred on the facts. The application of the 'but for' test for causation was no…

Source excerpt

• Medical Negligence
• Factual Causation
• Section 27 Right To Healthcare
• But For Test
• Expert Evidence
• Access To Courts