About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2022
>>
[2022] ZAGPPHC 249
|
|
J.M.M and Another v MEC for Health - Gauteng (9253/2017) [2022] ZAGPPHC 249 (12 April 2022)
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been redacted
from this document in compliance with the law and
SAFLII
Policy
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
CASE NO:9253/2017
In
the matter between:
M[â¦.],
J[â¦.] M[â¦.].
First
Applicant First Plaintiff
ADVOCATE
H. KRIEL obo M[â¦.]
Second
Applicant/Second Plaintiff
M[â¦.]
M[â¦.]
and
MEC
FOR HEALTH â GAUTENG
Respondent
JUDGMENT
MBONGWE J:
INTRODUCTION
[1]
This application for leave to appeal has been brought by the First
and the Second Applicant
(First and Second Plaintiffs in the initial
proceedings). The appeal is sought against the whole of the judgment
of this court delivered
on the 10 September 2021, dismissing the
Applicantsâ claims.
[2]
I have read and considered the Applicantsâ grounds for leave to
appeal and, as a result of the
Applicantâs counselâs referral, at
the hearing of this application, to what he advised was a record of
the hospital theatre showing
that the theatre had been available for
the performance of a caesarean section when it was found that there
was foetal distress,
I am of the view that It will accord with
justice to grant leave to appeal. It has to be stated, however, that
at the trial, a record
showing the converse was referred to by the
Respondentâs counsel and there was no contestation from the
Applicantâs counsel.
The impression was that the theatre had not
been available until about 23h:15, that is, approximately 25 minutes
after the baby had
been born virginally.
[3]
I am of the view that the appeal ought to be heard as contemplated in
section 18 of
the Superior Courts Act.
ORDER
[4]
In the light of the afore-going, the following order is made:
1.
Leave to appeal to the Full Court of this
division is granted.
2.
Costs to be costs in the appeal.
M. MBONGWE J
JUDGE OF THE HIGH
COURT
GAUTENG DIVISION,
PRETORIA.
APPEARANCES
For the
Applicants:
Adv G.J Strydom
SC
Instructed
by:
Edeling Van Niekerk Inc
Clearview Office
Park
Block A, Wilhelmina
Avenue,
Constantia Kloof
Roodepoort,
Johannesburg.
For the
Respondent:
Adv D.J Joubert SC
with him Adv L Adams
(Ms)
Instructed
by:
The State Attorney
10
th
Floor, North State Building
95 Albertina Sisulu
Street
Cnr Kruis Street
Johannesburg.
DATE OF HEARING: 02
December 2021
JUDGMENT
ELECTRONICALLY TRANSMITTED TO THE PARTIES/ LEGAL REPRESENTANTIVES ON
12 APRIL 2022.