South Africa Case Law

MM obo GM v Member of the Executive Council for the Department of Health, North West Province (782/2022)

MM obo GM v Member of the Executive Council for the Department of Health, North West Province (782/2022) [2024] ZASCA 52 (18 April 2024)

Court

Supreme Court of Appeal

Case number

782/2022

Judges

Makgoka, Hughes, Matojane, Musi, Chetty

The Supreme Court of Appeal dealt with medical negligence claims after a minor child’s death, addressing transmissibility, locus standi, and an unproven emotional shock claim.

• Medical Negligence
• Emotional Shock Claims
• Locus Standi
• Transmissibility Of Claims
• Causation
• Remittal Of Claim

Thozamile v Road Accident Fund (3022/2020)

Thozamile v Road Accident Fund (3022/2020) [2022] ZAFSHC 307 (31 October 2022)

Court

Free State High Court, Bloemfontein

Case number

3022/2020

Judge

Africa

The court awarded general damages to a deceased claimant’s estate after a motor collision, holding the amount should be conservative because it devolves on heirs.

• General Damages
• Transmissibility Of Claims
• Pain And Suffering
• Quantification Of Non Pecuniary Loss
• Apportionment Of Liability
• General-damages

Elman Naidoo N.O v Minister of Safety and Security and Another (1421/2011)

Elman Naidoo N.O v Minister of Safety and Security and Another (1421/2011) [2019] ZAECPEHC 8 (12 March 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1421/2011

Judge

G J Gajjar

The court held that the deceased's claim for general damages for unlawful detention was transmitted to his estate upon his death because litis contestatio had been reached prior to his death, as pleadings were closed in December 2011. The subsequent amendment to the particulars of claim in 2017 did not re-open the pleadings or alter the cause of action, and thus did not affect the transmissibility of the claim. The claim accrued to the estate at the time of death, and the plaintiff, as executor, was entitled to pursue it. The court distinguished between amendments that alter the issues and th…

Source excerpt

• Litis Contestatio
• Transmissibility Of Claims
• Actio Iniuriarum
• Unlawful Detention
• Amendment Of Pleadings