Lee v Minister of Correctional Services [2012] ZACC 30 (11 December 2012)

Exception – delictual claim – whether high court correct in upholding exception based on causation – whether exception proceedings appropriate to decide the factual and legal issues raised – appealability – dismissal of an exception not appealable – conclusion that ‘no order is required to be made’ in a conditional application not an appealable order.

Delict – Medical negligence – failure to monitor the appellant and
foetus during labour – whether negligence of hospital staff was causally
connected to the child’s brain damage – factual causation not established – appeal
dismissed.