MEC for Health, Gauteng Provincial Government v AAS obo CMMS

The respondent, the mother of a minor child (AAS), sued the MEC for Health, Gauteng, in her personal and representative capacity for damages arising from severe neurological injuries sustained by the child during labour and delivery at public hospitals. The child, born in October 2015, suffers from spastic quadriplegic cerebral palsy with multiple complications, including cortical blindness, hearing impairment, intellectual disability, epilepsy and hip dislocation. Liability was conceded by the MEC in January 2020. The only dispute before the High Court concerned quantum, including whether the child was entitled to general damages. The High Court awarded total damages of R15.5 million, including R2.2 million for general (non-pecuniary) damages. The MEC appealed solely against the award of general damages.

The appeal succeeded. The High Court’s order was amended by deleting the award of R2 200 000 for general damages and replacing it with an order that there be no award for general damages. Costs, including the costs of two counsel, were awarded to the appellant.

The case is significant for clarifying the Supreme Court of Appeal’s approach to general damages in medical negligence claims involving severely brain-injured children. While reaffirming that courts must engage closely with expert evidence on awareness and pain, the judgment demonstrates judicial restraint in awarding non-pecuniary damages and highlights the continued uncertainty in South African law regarding compensation for plaintiffs with profoundly diminished consciousness.