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Mbhele v MEC for Health for the Gauteng Province (355/2015) [2016] ZASCA 166 (18 November 2016)
The Supreme Court of Appeal upheld a delict claim for emotional shock after a stillbirth caused by medical negligence, awarding R100 000 and rejecting constitutional damages.
Periamthambi v Jessica Gounden t/a Jessica Gounden and Associates (8590/2011) [2015] ZAKZDHC 71 (9 September 2015)
The application for leave to appeal is refused because the parties and the court are bound by the agreed facts in the stated case, and it is impermissible to introduce new facts or inferences not recorded in the stated case. The plaintiff's claim was correctly limited to R25,000.00, as the seriousness of injuries was not agreed upon and the stated case concerned quantum, not liability. There are no conflicting judgments or other compelling reasons to grant leave to appeal, and the proposed appeal does not have a reasonable prospect of success.
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