South Africa Case Law

L.B and Another v Member of the Executive Council for Health North West Provincial Government (1637/2022)

L.B and Another v Member of the Executive Council for Health North West Provincial Government (1637/2022) [2025] ZANWHC 64 (20 March 2025)

Court

North West High Court, Mafikeng

Case number

1637/2022

Judge

Titus

The court held the provincial health department liable for negligent maternity care that led to a newborn’s death and related emotional harm to the parents.

• Medical Negligence
• Vicarious Liability
• Emotional Distress
• Wrongful Death
• Standard Of Care
• Institution Of Legal Proceedings Against State

N.K v Member of the Executive Council Limpopo Provincial Government: Department of Health (5710/2019)

N.K v Member of the Executive Council Limpopo Provincial Government: Department of Health (5710/2019) [2025] ZALMPPHC 11 (27 January 2025)

Court

Limpopo High Court, Polokwane

Case number

5710/2019

Judge

Naude-Odendaal

The High Court found the provincial health department 100% liable for negligent monitoring and delayed intervention that led to a stillborn delivery after uterine rupture.

• Medical Negligence
• Duty Of Care
• Causation
• Wrongful Death
• Hospital Liability
• Medical-negligence

Mambane v Minister of Minerals and Energy and Others (35266/2022)

Mambane v Minister of Minerals and Energy and Others (35266/2022) [2024] ZAGPPHC 465 (13 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

35266/2022

Judge

Potgieter

The High Court granted joinder of three respondents in a delict claim arising from a fatal mining-related incident, but refused a declarator about parallel Mpumalanga proceedings.

• Joinder Of Parties
• Court Jurisdiction
• Prescription
• Lis Alibi Pendens
• Mining Liability
• Wrongful Death

N.G and Others v Road Accident Fund (3504/2013)

N.G and Others v Road Accident Fund (3504/2013) [2023] ZAECQBHC 23 (4 April 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

3504/2013

Judge

M Makaula

The High Court held the Road Accident Fund liable for loss of support and funeral expenses after finding the deceased died from accident-related head injuries.

• Loss Of Support
• Novus Actus Interveniens
• Causation
• Funeral Expenses
• Wrongful Death
• Delict

Williams v Member of the Executive Council, Department of Health, Eastern Cape and Another (2958/2016)

Williams v Member of the Executive Council, Department of Health, Eastern Cape and Another (2958/2016) [2022] ZAECQBHC 26; [2023] 1 All SA 562 (ECP) (1 September 2022)

Court

Eastern Cape High Court, Gqeberha

Case number

2958/2016

Judge

Bands

The court found the hospital staff negligent in failing to properly treat and monitor a patient with delirium tremens and psychosis, and held the defendants liable.

• Medical Negligence
• Hospital Liability
• Wrongful Death
• Standard Of Care
• Causation
• Expert Evidence

N.T.H v MEC for Health, Gauteng Province (57301/15)

N.T.H v MEC for Health, Gauteng Province (57301/15) [2021] ZAGPPHC 208 (8 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

57301/15

Judge

Wanless

The court found that the Defendant's employees were negligent in failing to diagnose and treat hydrocephalus in the minor child timeously, and in failing to revise a blocked VP shunt despite clear clinical indications and expert referral. The omissions constituted negligence as reasonable practitioners would have acted earlier and more effectively. The Plaintiff proved causation on a balance of probabilities, as expert evidence established that earlier intervention would have given the child a significant chance of survival. The Defendant's arguments regarding palliative intent and lack of fa…

Source excerpt

• Medical Negligence
• Wrongful Death
• Causation
• Quantum Of Damages
• Contributory Negligence
• Hospital Liability

Theron and Others v Minister of Police and Others (1082/2016)

Theron and Others v Minister of Police and Others (1082/2016) [2020] ZALMPPHC 26 (20 May 2020)

Court

Limpopo High Court, Polokwane

Case number

1082/2016

Judge

Makgoba

The court found that the police officers owed a legal duty of care to the deceased and the Plaintiffs, arising from both statutory and constitutional obligations. The medical evidence established that the deceased died from asphyxia due to manual strangulation, with injuries consistent with excessive force applied to the neck. The police failed to rebut the prima facie medical evidence and provided only bare denials, which the court found improbable given the circumstances and number of officers present. The court held that the police acted wrongfully and negligently by using excessive and de…

Source excerpt

• Wrongful Death
• Negligence
• Duty Of Care
• Excessive Force
• Emotional Shock
• Loss Of Support

Demesha v Minister of Police (174/17)

Demesha v Minister of Police (174/17) [2019] ZAECMHC 20 (30 April 2019)

Court

Eastern Cape High Court, Mthatha

Case number

174/17

Judge

S M Mbabane

The court held the Minister of Police liable after finding, on a balance of probabilities, that SAPS members shot and killed the plaintiff’s husband.

• Loss Of Support
• Wrongful Death
• Onus Of Proof
• Single Witness Rule
• Loss-of-support
• Wrongful-death

Government of the Western Cape: Department of Social Development v C B and Others (1220/2017)

Government of the Western Cape: Department of Social Development v C B and Others (1220/2017) [2018] ZASCA 166; 2019 (3) SA 235 (SCA) (30 November 2018)

Court

Supreme Court of Appeal

Case number

1220/2017

Judges

Navsa, Wallis, Mbha, Dambuza, Nicholls

The Supreme Court of Appeal held that the Province did not owe a legal duty to the parents of the deceased child that would attract delictual liability for the child's death at an unregistered child care facility. The statutory framework governing ECD facilities did not indicate an intention to impose liability for damages on the Province for regulatory omissions. The evidence did not support a finding that the Province's failure to process the registration application was causally linked to the child's death, nor that such omission was wrongful in the circumstances. Furthermore, the parents…

Source excerpt

• Separation Of Issues
• Psychiatric Injury
• Duty Of Care
• Statutory Liability
• Wrongful Death
• Child Care Facility Regulation

Sandleni and Others v Minister of Police (76353/2015)

Sandleni and Others v Minister of Police (76353/2015) [2018] ZAGPPHC 840 (13 September 2018)

Court

North Gauteng High Court, Pretoria

Case number

76353/2015

Judge

D S Fourie

The court assessed conflicting evidence on the deceased’s earnings and found the plaintiff failed to prove overtime or a higher salary.

• Wrongful Death
• Quantification Of Damages
• Loss Of Support
• Damages-quantification
• Loss-of-support
• Wrongful-death