MEC for Health, Gauteng Province v de Lange

The respondent’s husband died on 21 September 2015 at Steve Biko Academic Hospital after suffering a head injury during a rugby match. The respondent sued the MEC for Health, Gauteng Province, alleging that negligent medical treatment by hospital employees caused his death. She initially claimed damages for loss of support for herself and their two minor children. The parties agreed to separate issues of liability and quantum and proceeded on a stated case dealing only with negligence causing death. After liability was determined in her favour, the respondent sought to amend her particulars of claim to add claims for emotional shock and trauma suffered by herself and the children, withdraw her personal loss of support claim, and adjust the children’s claims. The appellant objected, arguing that such damages should have been dealt with at the liability stage.

The appeal was dismissed. No order as to costs was made.

The case clarifies the effect of issue separation and stated cases under Uniform Rule 33, confirming that a finding of negligence causing death does not automatically determine causation of all damages flowing from that death. It underscores the need for precision when separating merits and quantum and reinforces the liberal approach to amendments where no prejudice is shown.