Du Preez N O v The Member of the Executive Council for Health & Social Development of the Eastern Cape Province

Ms Veliswa Ngqobongo instituted an action for damages on behalf of her minor child, PN, against the MEC for Health & Social Development, Eastern Cape, alleging medical negligence during labour and delivery at Dora Nginza Hospital on 25 October 2009. PN was born in a severely compromised condition, later diagnosed with cerebral palsy, allegedly due to negligent foetal monitoring, excessive fundal pressure during delivery, and inadequate neonatal resuscitation. PN died in May 2023 before the reconsideration proceedings, and the executor of her estate, Wynand du Preez N O, was substituted as applicant. The High Court dismissed the claim, finding that negligence and causation were not proven. Leave to appeal was refused by both the High Court and the SCA. The applicant sought reconsideration under s 17(2)(f) of the Superior Courts Act and attempted to introduce new documentary evidence on appeal.

The application for reconsideration of the refusal of leave to appeal was dismissed.

The judgment reaffirms the stringent threshold for reconsideration under s 17(2)(f) of the Superior Courts Act and underscores that it is not a mechanism for rehearing appeals on the merits. It reinforces principles governing the admission of new evidence on appeal, the evaluation of expert medical evidence in negligence claims, and the requirement that causation in medical negligence cases must be proven and not based on speculation.