On 15 November 2012, Sibabalwe Befile was born suffering from spastic quadriplegia cerebral palsy due to alleged substandard care and negligent conduct by employees at Cecilia Makiwane Hospital. The plaintiff, Yonela Befile, sued in both her personal and representative capacities on behalf of her child. On 22 March 2022, the parties entered into a settlement agreement which was made an order of court, wherein the defendants were held fully liable to pay the plaintiff in both her personal and representative capacities for all proven or agreed damages. The defendants were legally represented by both an attorney and counsel throughout. On 16 March 2022, the applicants' legal advisor had issued written authorization to the legal representatives to settle the merits. Subsequently, the parties prepared and signed a statement of agreed facts on 15 April 2024 confirming the settlement. The applicants then sought to rescind the consent order, arguing that they only intended to settle the child's claim and not the mother's personal claim, which they alleged had prescribed. No special plea of prescription had been raised in any of the three pleadings filed by the defendants during the litigation.