Judgements and Legislation


0012 Court_User_Role_Quick_Reference_Guide_V1.4 (Case Creation) 2020-10-06


CaseLines user guides June 2021


RAF v LPC 9 April 2021

The financial status of the RAF in April 2021 and the implications thereof. The RAF has secured an extraordinary court order stopping successful claimants and their attorneys from laying claim to its money and assets. The find is in danger of imploding due to mismanagement and corruption. If the fund collapses, drivers will be open to being sued, while claimants will struggle to get compensation. The Fund is currently under investigation and new management is trying to recue its finances.
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Mpolokeng RAF Centre for Child law

Important considerations in regard to RAF and children
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Member of the Executive Council for Health, Eastern Cape v Z M (576/2019) [2020] ZASCA 169 (14 December 2020)

Prescription
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Notice 401 of 2019 Determination of Sittings of the Specific Courts

The court terms for 2021-2027 for Superior Courts
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HPCSA recommendations on psychologists from different registration categories drawing up joint minutes: SAMLA



HPCSA recommendations on psychologists from different registration categories drawing up joint minutes: letter from SAMLA


HPCSA recommendations on psychologists from different registration categories drawing up joint minutes: letter from HPCSA



Taylor v RAF and a related matter 16 Nov 2020


Zodwa Shange obo Mlondli Shange v MEC for Health KZN

The court found that, if the child had suffered foetal distress, the MRI scan would have revealed a partial prolonged hypoxic ischemic injury and not an acute profound injury. The court rejected Ms Shange’s experts’ theory of a sub-threshold hypoxia. Experts must avoid giving evidence outside of their fields of expertise in order to advance one party’s case at the expense of the expert’s duty to the courts to advise impartially.
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NATIONAL JUSTICE COMPANIA NAVIERA SA v PRUDENTIAL ASSURANCE CO LTD ("THE IKARIAN REEFER")

The landmark Judgement used internationally to guide expert witness requirements
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Twine vs Naidoo

Crucial South African case including core issue in expert witness requirements
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Preller Plein Apteek v B H (A50/2019) [2020]

The importance of this judgment is that It deals in a very clear manner the application of negligence and causation to the facts found to have been proved.
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MSM obo KBM v MEC for Health, Gauteng Provincial Government

A landmark judgment handed down in December 2019: The Johannesburg High Court held that it is in the wider interest of justice to develop the common law to allow courts to make orders for compensation in kind as opposed to monetary compensation for future medical expenses in appropriate cases. The judgment is related to a cerebral palsy claim where the MEC for Health was liable for the negligent conduct of public healthcare staff resulting in injury during or at birth.
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Mabunda Inc & Others v RAF & Others 27 March 2020 , case no 15876/2020


MEDIATION - High Court Rule 41A

AMENDMENT OF THE RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE SEVERAL PROVINCIAL AND LOCAL DIVISIONS OF THE HIGH COURT OF SOUTH AFRICA
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CP-Judgment-AD-KLO-MEC-KZN

High court judgment in CP matter, limited to the issues of liability. Plaintiff succeeded on the both sub-issues of negligence and causation. Quantum adjourned sine die. Radiological evidence on partial prolonged-, acute profound- and mixed patterns of HIE (hypoxic ischaemic injury) to the brain.
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CP-Judgment-AM-KM-MEC-EC

Interesting and important appeal court judgment in a CP case. Negligence was established, but the appeal failed on causation. This highlights the crucial role of causation in clinical negligence matters.
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Case CCT 20/17 Constitutional Court Judgement in CP Case

Once-and-for-all-rule and future medical costs in Cerebral Palsy cases
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Judgement: Erasmus / MEC for Health


SCA-MEC vs Zulu

This is an important SCA judgment for members practicing in the areas of medical negligence and personal injury claims. It deals with two contentious issues, (a) once and for all rule, and (b) contingency fee agreements. The summary of the judgment reads “Delictual damages – ‘once and for all’ common law rule – future medical expenses – lump sum award – section 39(2) of the Constitution – development of common law – payment of future medical expenses as and when required �
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Els vs MEC - Evaluating Expert Opinion

Commentary by Judge Claassen: This an excellent case to demonstrate: 1. The independent role of expert witnesses in court; 2. The logic that must form the basis of an expert's opinion; 3. The effect on the value of an expert's testimony who is unwilling to make any concessions in the face of counter facts or arguments; 4. The appreciation that generally held views by experts need not necessarily be regarded as correct.
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Van Niekerk v Kruger - SCA judgment dealing with retrospective determination, after death, of whether deceased had testamentary capacity to execute a will.

SCA judgment dealing with retrospective determination, after death, of whether deceased had testamentary capacity to execute a will. Also evaluating expert evidence – court must be satisfied with the reasoning which led to conclusion by expert witness. Read the full judgement…
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AD v MEC for Health and Social Development, Western Cape Provincial Government submitted by Adv Ian Dutton

Test case in which the Western Cape Government was exploring the Constitutionality of "claw back" and "top-up" provisions in trust deeds in medical malpractice matters. This issue is of particular interest to personal injury practitioners and advisors to the Provincial and National Government. See paragraphs 1 to 81; 21 to 649; and most importantly 62 to 69.
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Kiewitz v MEC Health Western Cape judgment December 2015 (Leave to Appeal to SCA has however been granted).

Medical Negligence: Undertakings issue
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ABM v MEC Health KZN Judgment delivered February 2016

Medical Negligence case: retinopathy of prematurity
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STEWART AND ANOTHER v BOTHA AND ANOTHER 2008 (6) SA 310 (SCA)

In an action in the High Court against the medical practitioners who attended upon his wife during her pregnancy with their minor son, the appellant claimed damages in delict on behalf of his son consequent upon the fact that he was born with severe congenial defects,
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SOOBRAMONEY v MINISTER OF HEALTH, KWAZULU-NATAL 1998 (1) SA 765 (CC)

The appellant was a 41-year-old diabetic suffering from ischaemic heart disease, cerebro-vascular disease and irreversible chronic renal failure.
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SONNY AND ANOTHER v PREMIER, KWAZULU-NATAL, AND ANOTHER 2010 (1) SA 427 (KZP)

The first and second plaintiffs, a husband and wife, instituted action in the High Court in which they claimed, first, their damages flowing from the birth of their child with Down's syndrome and, second,
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SIBISI NO v MAITIN 2014 (6) SA 533 (SCA) A

Maitin, an obstetrician, delivered Sibisi's daughter, Yandiswa, and in the course of delivery the nerves in Yandiswa's right shoulder were injured
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DORCUS NZIMANDE V THE MEC FOR HEALTH, GAUTENG CASE NUMBER 44761/2013

A baby girl was born to the Plaintiff by caesarean section.
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NM AND OTHERS v SMITH AND OTHERS (FREEDOM OF EXPRESSION INSTITUTE AS AMICUS CURIAE) 2007 (5) SA 250 (CC)

The applicants in this matter were three HIV-positive women who claimed that the respondents had violated their rights to privacy and dignity by publishing their names and HIV status.
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MOKHETHI AND ANOTHER v MEC FOR HEALTH, GAUTENG 2014 (1) SA 93 (GSJ) A

A significant issue in this matter was the conduct of the MEC for Health, Gauteng (defendant), and instructing attorney in the conduct of the trial regarding quantum of damages for medical negligence.
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MINISTER OF HEALTH AND OTHERS v TREATMENT ACTION CAMPAIGN AND OTHERS (No 2) 2002 (5) SA 721 (CC)

Held, that, although the concerns raised on behalf of the appellants were relevant to the ability of government to make a 'full package' available throughout the public health sector,
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MICHAEL AND ANOTHER v LINKSFIELD PARK CLINIC (PTY) LTD AND ANOTHER 2001 (3) SA 1188 (SCA)

The appellants, the parents of a 17-year-old boy who had suffered a cardiac arrest and lapsed into a coma during a surgical operation, had sued the first respondent, the owner of the clinic where the operation was performed, and the second respondent, the anaesthetist, in a Local Division.
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MEDI-CLINIC LTD v VERMEULEN 2015 (1) SA 241 (SCA) A

Vermeulen was admitted to Medi-Clinic's hospital for treatment for malaria.
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LOUWRENS v OLDWAGE 2006 (2) SA 161 (SCA)

The plaintiff was successful in the High Court in his action for damages for the negligent performance upon him of a surgical procedure by the defendant.
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KHOZA v MEC FOR HEALTH AND SOCIAL DEVELOPMENT, GAUTENG 2015 (3) SA 266 (GJ)

This case concerns the merits of a damages claim on behalf of a minor for a brain injury he sustained during his birth at a provincial hospital.
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H v FETAL ASSESSMENT CENTRE 2015 (2) SA 193 (CC)

A boy with Down's syndrome — who was represented by his mother — sued the Fetal Assessment Centre for his damages flowing from its alleged failure to warn his pregnant mother that there was a high risk of him being born with the syndrome.
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GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA AND OTHERS v GROOTBOOM AND OTHERS 2001 (1) SA 46 (CC)

The respondents had been evicted from their informal homes situated on private land earmarked for formal low-cost housing.
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GOLIATH v MEC FOR HEALTH, EASTERN CAPE 2015 (2) SA 97 (SCA) A

A surgical swab was left in Ms Goliath's abdomen during a hysterectomy performed at a provincial hospital falling under the MEC.
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FRIEDMAN v GLICKSMAN 1996 (1) SA 1134 (W)

An agreement between a pregnant woman and a doctor that he would advise her whether there was a greater risk than normal that she might have a potentially abnormal or disabled child so that she might make an informed decision on whether or not to terminate the pregnancy is not contra bonos mores but sensible,
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EX PARTE WH AND OTHERS 2011 (6) SA 514 (GNP) D

The Deputy Judge President constituted a court to consider an application in terms of s 295 of the Children's Act 38 of 2005 for the confirmation of a surrogacy application by a same sex couple, and to determine and provide guidelines on how similar applications should in future be dealt with
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ESTERHUIZEN v ADMINISTRATOR, TRANSVAAL 1957 (3) SA 710 (T)

Mere consent to undergo X-ray treatment, in the belief that it is harmless or being unaware of the risks it carries, cannot amount to effective consent to undergo the risks or the consequent harm.
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DUBE v ADMINISTRATOR, TRANSVAAL 1963 (4) SA 260 (W)

When a hospital accepts a patient its staff owes him a duty to attend to and treat him with due and proper care and skill.
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CASTELL v DE GREEF 1994 (4) SA 408 (C) A

In deciding whether a medical practitioner has incurred liability for negligence..
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CLARKE v HURST NO AND OTHERS 1992

The applicant's husband ('the patient') had suffered a cardiac arrest in 1988 and had since then been in a persistent and irreversible vegetative state and was fed artificially by means of a naso-gastric tube.
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Broude V McINOSH AND OTHER 1998(3)SA60(SCA)

Appellant’s action for damages as a consequence of paralysis of the left side of the face caused by alleged negligent conduct.
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BLYTH v VAN DEN HEEVER 1980(1)SA191(A)

Appellant sustained fractures of the right radius and ulna (bone in right forearm).
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AFROX HEALTCARE BPK V STRYDOM.19.10.15

Is an exemption clause that indemnifies a hospital's nursing staff against liability for negligence valid and enforceable?
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The Premier of the Western Cape Province v Loots NO

The Premier of the Western Cape Province v Loots NO




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