Member of the Executive Council for Health and Social Development, Gauteng v DZ obo WZ [2017] ZACC 37 (31 October 2017)

Defamation – defences – lack of animus iniuriandi – whether
established - reasonable publication in relation to media defendants –
requirements of – whether extending to individuals using social media – whether interdict appropriate – whether order for apology competent –whether damages claimable in proceedings by way of application.

Application of the “once and for all” common law rule –– applicable to only one cause of action and not to more than one cause of action –– whether misapplication of the law or development of common law

Delict – action for damages based on medical negligence of public hospital staff – claim for future medical and hospital expenses – public healthcare defence -whether expenses for future medical treatment are reasonable and whether such treatment can be provided at the State hospital – defendant failed to adduce evidence to support its contention that medical services of the same, or an acceptably high standard available at the State hospital at no cost or less than that claimed by plaintiff – need to develop common law not established.

Civil Procedure – action for damages for medical negligence – Rule nisi – whether competent for court to issue rule nisi calling upon a party to show cause why amounts agreed between legal representatives, without its authority, should not be made an order of court.