Mashongwa v PRASA [2015] ZACC 36 (26 November 2015)

Law of evidence – admissibility – whether discovered documents were correctly admitted into evidence without proof of the contents – whether the full court drew correct inferences from evidence tendered – whether the appellant was a credible witness and whether the full court was correct in rejecting his version of events – appeal upheld with costs.

Medical negligence – cerebral palsy – circumstances of brain injury
– adequacy of evidence of negligence.
Trial – conduct – obligation of parties to define the issues – sequence of witnesses
– joint minutes of experts – agreement on facts contrasted with agreement on
opinion – approach to agreements on matters of opinion

Application for recusal — reasonable apprehension of bias — grounds for recusal not met.

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 — Hate speech — subsidiarity.

Delict – medical negligence – child suffering cerebral palsy as a result of acute
profound hypoxic ischaemic event during labour – whether negligence of hospital staff was
causally connected to the child’s brain damage – causation not established on the facts –
appeal upheld

Criminal law and procedure – application for reconsideration of order
refusing special leave – whether evidence of single witness passed muster – failure by the prosecution to call crucial witness – whether such failure warranted drawing of adverse inference – whether magistrate erred in not allowing cross-examination of the complainant in terms of s 227 of the Criminal Procedure Act 51 of 1977.