The Member of the Executive Council for Health, Eastern Cape Province v Y N obo E N

The respondent instituted a delictual claim for damages against the MEC for Health, Eastern Cape Province, arising from alleged negligent medical care provided by staff at Sipetu Hospital during the birth of her child on 1 January 2010. The child suffered a hypoxic ischaemic insult intrapartum and was later diagnosed with spastic non-ambulatory cerebral palsy. The High Court found the MEC liable, and that decision was upheld by a full court. The MEC sought to appeal further to the Supreme Court of Appeal but failed to timeously lodge the record of appeal in compliance with the SCA Rules. The record was lodged more than a year late and was incomplete, prompting an application for condonation and reinstatement of the lapsed appeal.

The application for condonation of the late filing of the record of appeal was dismissed, and the applicant was ordered to pay the respondent’s costs of the application and the appeal.

The case reaffirms the strict approach of the Supreme Court of Appeal to compliance with appellate procedural rules and underscores that gross, unexplained delays can justify refusal of condonation irrespective of prospects of success. It also highlights the Court’s emphasis on finality, efficient administration of justice, and the paramountcy of a child’s best interests in litigation.