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South Africa Case Law

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Delict [2025] ZAECBHC 15

A.W obo M.U.W v Member of the Executive Council for Health, Eastern Cape (Quantum) (288/2019)

A.W obo M.U.W v Member of the Executive Council for Health, Eastern Cape (Quantum) (288/2019) [2025] ZAECBHC 15 (27 June 2025)

Court
Eastern Cape High Court, Bhisho
Case number
288/2019
Judge
Hartle

The court found that the defendant's reliance on an 'undertaking to pay' remedy, divorced from the public healthcare defence and unsupported by a properly pleaded case or factual evidence, was untenable. The defendant failed to demonstrate why the common law should be developed in the present circumstances to permit such a remedy, nor did she provide evidence that the agreed private healthcare costs were unreasonable. The court emphasized that development of the common law in this area requires a case-specific factual foundation and cannot be applied automatically from previous judgments. The…

Source excerpt

  • Medical Negligence
  • Future Medical Expenses
  • Once And For All Rule
  • Constitutional Development Of Common Law
  • State Liability
  • Undertaking To Pay
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Delict [2023] ZAECBHC 3

TN obo BN v Member of the Executive Council for Health, Eastern Cape (36/2017)

TN obo BN v Member of the Executive Council for Health, Eastern Cape (36/2017) [2023] ZAECBHC 3; 2023 (3) SA 270 (ECB) (7 February 2023)

Court
Eastern Cape High Court, Bhisho
Case number
36/2017
Judge
Griffiths

The court found that the common law should be developed to accommodate the public healthcare and undertaking to pay remedies in medical negligence claims against the state. This development is justified under sections 39(2) and 173 of the Constitution, as the existing rules (once and for all and monetary damages) increasingly undermine the state's ability to fulfil its constitutional obligations to provide healthcare to the broader population. The court determined that the appropriate standard for public healthcare services is a reasonable standard, not necessarily equivalent to private secto…

Source excerpt

  • Medical Negligence
  • Public Healthcare Remedy
  • Development Of Common Law
  • Once And For All Rule
  • Undertaking To Pay
  • Contingency Fees
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Civil Procedure [2009] ZAFSHC 127

High Point Trading 733 BK t/a High Point Bridging v De Villiers and Others (671/2009)

High Point Trading 733 BK t/a High Point Bridging v De Villiers and Others (671/2009) [2009] ZAFSHC 127 (10 December 2009)

Court
Free State High Court, Bloemfontein
Case number
671/2009
Judge
A. Simelane

The court held that the respondents' uncontested averment that they were an incorporated company and not a partnership, and that the individuals were directors and not partners, was decisive. As the applicant failed to respond to this in its replying affidavit, the respondents' version prevailed in terms of the Plascon-Evans rule. Consequently, the citation of the wrong parties was fatal to the application, making it unnecessary to consider the merits of the claim or the applicability of the National Credit Act. The application was dismissed with costs.

Source excerpt

  • Citation Of Parties
  • Bridging Finance Agreement
  • Undertaking To Pay
  • Motion Proceedings
  • Plascon Evans Rule
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.