Nyathi v Member of the Executive Council for the Department of Health, Gauteng and Another

The applicant, Dingaan Hendrik Nyathi, suffered severe burns and subsequently a stroke due to negligent medical treatment at two state hospitals in Gauteng. He became permanently disabled and unemployed. He sued the MEC for Health, Gauteng, and liability was admitted, leaving only quantum. Due to his dire financial and medical circumstances, he sought and obtained an interim payment order under Uniform Rule 34A. Despite a court order directing the MEC to make an interim payment, the state failed to comply. Because section 3 of the State Liability Act 20 of 1957 prohibits execution or attachment against state property, the applicant was unable to enforce the judgment through execution. He approached the High Court, which declared section 3 unconstitutional. As this declaration concerned an Act of Parliament, confirmation by the Constitutional Court was required. The applicant died before the hearing, and his wife was substituted.

The declaration of constitutional invalidity of section 3 of the State Liability Act was confirmed. The declaration was suspended for a limited period to allow Parliament to enact legislation providing an effective mechanism for the satisfaction of judgment debts against the state. Costs orders made by the High Court were left intact.

This case is a leading authority on the constitutional requirement that court orders against the state must be effective and enforceable. It affirms that the state is subject to the rule of law and may not rely on statutory immunities that render judicial remedies illusory. Nyathi significantly reshaped South African state liability law and prompted legislative reform to ensure compliance with court orders and accountability in public administration.