MEC for Health Eastern Cape v Aphilisiwe Sikota obo Sanelisiwe Sikota

The respondent, Ms Aphilisiwe Sikota, instituted a medical negligence claim on behalf of her minor child, Sanelisiwe Sikota (SS), arising from events surrounding SS’s birth at St Barnabas Hospital in December 2012. SS was diagnosed with cerebral palsy caused by acute profound hypoxic ischaemic encephalopathy. The trial court absolved the MEC for Health, Eastern Cape, of liability. Ms Sikota appealed to the full court, but her attorneys repeatedly failed to comply with Uniform Rule 49 governing appeals, including failures to apply for a hearing date, lodge a proper appeal record, and provide security for costs. Despite these flagrant breaches, the full court condoned the non-compliance (without a proper order) and upheld the appeal on the merits, finding that negligent foetal monitoring caused SS’s brain injury. The MEC appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The order of the full court was set aside and replaced with an order striking the appeal from the roll with costs, including the costs of two counsel where so employed.

The case reinforces strict compliance with appellate procedural rules and confirms that gross, unexplained non-compliance may justify striking an appeal regardless of its perceived merits. It clarifies the limited binding effect of expert joint minutes, emphasizing that courts are not bound by experts’ opinions on causation. The judgment is significant in medical negligence litigation, particularly cerebral palsy claims, by underscoring rigorous scrutiny of causation and expert evidence.