Vuyiseka Ntlekwa obo Mhlengi Ntlekwa v Member of the Executive Council for Health, Eastern Cape Province

The plaintiff, acting on behalf of her minor son Mhlengi Ntlekwa, instituted an action for damages arising from his birth on 3 July 2012 at Isilimela Hospital. The plaintiff experienced prolonged labour and was administered oxytocin without proper monitoring. Medical staff failed to perform continuous foetal monitoring or a caesarean section despite risk factors including cephalopelvic disproportion. Mhlengi was born with low Apgar scores, required resuscitation, and developed hypoxic ischaemic encephalopathy, later resulting in severe brain damage and developmental disabilities. Negligence by hospital staff was conceded, but causation was disputed.

The defendant was declared liable for the plaintiff’s proven damages in her representative capacity arising from the negligent management of labour and delivery. The issue of quantum was postponed for later determination. The defendant was ordered to pay the plaintiff’s costs to date, including specified expert costs.

The case reinforces principles governing causation in medical negligence claims, particularly the weight accorded to unrepudiated joint expert minutes and the approach to resolving conflicting expert evidence. It illustrates the application of the but-for test in complex medical contexts and underscores the importance of proper intrapartum monitoring and adherence to maternity guidelines.