Sipho kazi Mahlatshana v MEC for Health, Eastern Cape

The plaintiff sued the MEC for Health, Eastern Cape, in her personal and representative capacities for damages arising from the negligent medical treatment of her daughter, S, born in 2004, who became permanently paralysed due to TB of the spine. The defendant conceded liability on the merits in September 2018. The issue before the court concerned quantum only, specifically the plaintiff’s claim for loss of past and future income in her personal capacity. The plaintiff alleged that the defendant’s negligent treatment of her child significantly delayed her completion of a diploma in Human Resource Management and consequently delayed her entry into the labour market, resulting in substantial loss of earnings. The defendant disputed causation, contending that the delay was attributable to the plaintiff’s own academic failures and choices rather than the child’s condition.

The defendant was ordered to pay the plaintiff R9,658,088 for loss of past and future income, together with interest if unpaid within 14 days, and to pay the plaintiff’s costs on scale C, including the costs of two counsel and expert witnesses.

The judgment reinforces principles on causation and proof of loss of earnings in medical negligence claims, particularly where the plaintiff’s loss is indirect and flows from the impact of caring for an injured child. It affirms the court’s role in evaluating conflicting expert evidence and confirms that industrial psychologists may competently opine on career progression and loss of earnings where relevant.