Phakama Ngalonkulu v The Member of the Executive Council for Health of the Gauteng Division Government (217/2019) [2020] ZASCA 66 (17 June 2020)

Delict – damages –admitted negligence by medical staff at hospital inrelation to a birth resulting in child suffering from cerebral palsy-MEC seeking development of the common law so as to allow her, instead of paying assessed damages in one payment, to provide hospital, medical and related services and other items at State hospital, alternatively to secure them at a lower cost, alternatively to permit her to pay damages in future instalments–whether order by agreement, prior to amendment by MEC seeking such relief, precluded order sought by MEC-prior order directed MEC to ‘pay the Plaintiff 100% of her agreed or proven damages-in circumstances specific to this case prior order precluding subsequent order sought by MEC.