IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU -NATAL DIVISION, PIETERMARITZBURG
Case no: AR23/2024
In the matter between:
THE MEMBER OF THE EXECUTIVE COUNCIL FOR APPELLANT
HEALTH - KWAZULU -NATAL
and
Z[…] N[…] RESPONDENT
Coram : Mossop, Mlaba and Jikela J J
Actuarial calculations received : 18 March 2025
Final order d elivered : 28 March 2025
SUPPLEM ENTARY ORDER
The following order is granted:
1. This order is to be read in conjunction with the order handed down on 7 March
2025.
2. Paragraph 1 of the order of ZP Nkosi J, delivered on 3 November 2022, is
replaced with the following paragraph:
‘1. Judgment is entered in favour of the plaintiff, in her representative
capacity as the mother and natural guardian of the minor child, M[…] N[…]
N[…], a girl bo rn on 6 August 2009, against the defendant for payment of the
sum of R13 272 341.79, calculated as follows:
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1.1 General damages: R2 200 000.00
1.2 Future loss of earnings: R3 304 200.00
1.3 Future medical and related expenses: R12 826 753.20
Subtotal : R18 330 953.20
Plus:
1.4 The costs of a trust at 7,5% of the
amount of the award: R1 374 821.49
1.5 Past medical expenses: R127 805 .00
Subtotal R19 833 579.69
Less :
1.6 Interim payments made:
1.6.1 June 2017: R5 000 000.00
1.6.2 February 2024: R1 561 237.90
Total : R13 272 341.79’
3. The costs of the further actuarial calculations performed by Munro Forensic
Actuaries subsequent to the order of this court dated 7 March 2025 shall be borne
equally by the parties.
SUPPLEMENTARY JUDGMENT
MOSSOP J (MLABA and JIKELA JJ concurring ):
[1] On 7 March 2025, judgment was delivered by this court in this matter .1 The
matter was an appeal against the judgment of Z P Nkosi J (the trial judge) and the
appeal was dismissed , save for the setting aside of paragraph 1 of the order granted
by the trial judge. The award made by the trial judge flowed from the fact that the
respondent’s child had been born profoundly affected by cerebral palsy due to the
negligent conduct of the a ppellant’s servants, which negligence was not in dispute.
1 Member of the Executive Council for Health - KwaZulu -Natal v Z.N [2025] ZAKZPHC 24 .
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[2] Paragraph 1 of the order granted by the trial judge related to the quantum of
damages to be paid by the appellant to the respondent . It set out in summary form the
amounts granted by the trial judge in respect of various heads of damages . Thus,
contained within paragraph 1 of the trial judge’s order were , inter alia, amounts
awarded in respect of general damages, future loss of earnings , and future medical
and related expenses.
[3] It is important to recognise that the appeal that served before us related,
ultimately, only to the amount awarded in respect of future medical and related
expenses. The amounts awarded by the trial judge in respect of gen eral damages and
future loss of earnings were not assaile d by the appellant and those awards
consequently remain undisturbed by the judgment of this court .
[4] As far as the amount s awarded by the trial judge in respect of future medical
and related expenses are concerned , this court :
(a) Left unchanged certain amounts challenged on appeal ;
(b) Disallowed certain amounts awarded by the trial judge , in toto ; and
(c) Reduced certain amounts awarded by the trial judge to a lesser amount .
[5] As regards the reductions referred to in sub paragraph ( c) above, the reduction
ordered was calculated by this court where it felt it was competent and mathematically
capable of doing so . But there were instances w here this court c ould not calculate the
reduced amounts because such calculations required actuaria l skill. In such instances,
the order granted by this court requested a firm of actuaries , Munro Forensic Actuaries
(the actuaries) , who appear to have assisted both parties over the course of this
matter , to calculate the amounts that this court did not feel itself competent to calculate.
These categories were identified in this court’s judgment.
[6] The calculations requested have now been performed by the actuaries, who
are sincerely thanked for their invaluable assistance. I have considered the
calculations and believe that the correct criteria have been applied by the actuaries in
those areas where their assistance was requested .
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[7] The trial judge , in delivering his judgment , awarded a globular amount in respect
of future medical expenses . I sha ll do likewise in order to kee p the order reasonabl y
succinct. But I do believe that it is important to set out the individual items that combine
to create that globular amount . The reasoning adopted by this court must be
transparent ly set out to permit the parties to critically consider and evaluate it. I shall
accordingly set out the individual amounts in the body of this supplementary judgment ,
but the order to be granted will take the form of the order granted by the trial judge .
[8] Consequent upon the calculations of the actuaries, t he individual amounts now
awarded by this court in respect of future medical and related expenses are as set out
in the table below. The actuaries, in calculating the amounts referred to them by this
court, set out the amounts calculated with reference to the therapist involved. I shall
follow that approac h:
Therapist Amount awarded by the
trial court (R) Amount to be awarded
by the appeal court (R)
Dr R Campbell 1 336 220 466 700
Mandy Read 457 390 457 390
Sue Anderson 1 003 340 781 520
Ugan Chetty 1 607 950 1 086 010
Speech joint minute 1 534 840 1 524 735
Maureen Casey 551 870 0
Shobana Singh 4 882 600 0
Physio joint minute 673 840 488 250
OT joint minute 8 784 970 8 826 260
Roger Kerr 896 680 564 976.50
Roslyn Rich 1 245 610 1 245 610
Dr Pillay paediatrician 302 470 302 470
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Therapist Amount awarded by the
trial court (R) Amount to be awarded
by the appeal court (R)
Dr Myatt dentist 289 520 289 520
Total 23 567 300 16 033 441.50
[9] In its earlier judgment, th is court ordered the appropriate contingency figure to
be 20 percent, and not the 10 percent awarded by the trial judge. Twenty percent must
therefore be deducted from the amount of R16 033 441.50 . When that is done , the
amount to be deducted is R3 206 688.30 , leaving a balance of R12 826 7 53.20.
[10] The uncontested amount awarded by the trial judge for general damages, in
the sum of R2 200 000, and the uncontested amount awarded for the loss of future
earnings, in the sum of R3 304 200, must be added to R12 826 753.20 , whic h results
in an amount of R18 330 953.20.
[11] The costs of the trust set up to administer the award were agreed upon by the
parties at 7,5 percent of the total award made to the respondent . When 7,5 percent of
R18 330 953.20 is calculated, the valu e to be assigned to the administration of the
trust is R1 374 821.49 .
[12] That amount , together with the agreed cost s for past medical expenses incurred
by the respondent , in the amount of R127 805 , must therefore be added to the amount
of R18 330 953.20 . Accordingly, t he total amount to be award ed to the respondent is
R19 833 579.69.
[13] However, as noted in the earlier judgment of this court , the appellant has
already made interim payments to the respondent in the amounts of R 5 000 000 and
R1 561 237.90 respectively , which amount s must be deducted from the value of the
total award. When this is done, the final amount payable by the appellant to the
respondent is the amount of R13 272 341. 79.
[14] I would accordingly propose the following order:
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1. This order is to be read in conjunction with the order handed down on 7 March
2025.
2. Paragraph 1 of the order of ZP Nkosi J, delivered on 3 November 2022, is
replaced with the following paragraph:
‘1. Judgment is entered in favour of the plaintiff , in her representative
capacity as the mother and natural guardian of the minor child, M[…] N[…]
N[…], a girl born on 6 August 2009, against the defendant for payment of the
sum of R13 272 341.79, calculated as follows:
1.1 General damages: R2 200 000 .00
1.2 Future loss of ea rnings: R3 304 200 .00
1.3 Future medical and related expenses: R12 826 753.20
Subtotal : R18 330 953.20
Plus:
1.4 The costs of a trust at 7,5% of the
amount of the award: R1 374 821.49
1.5 Past medical expenses: R127 805 .00
Subtotal R19 833 579.69
Less :
1.6 Interim payments made:
1.6.1 June 2017: R5 000 000 .00
1.6.2 February 2024 : R1 561 237.90
Total : R13 272 341.79 ’
3. The costs of the further actuarial calculations performed by Munro Forensic
Actuaries subsequent to the order of this court date d 7 March 2025 shall be borne
equally by the parties.
___________________________
MOSSOP J
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I agree:
___________________________
MLABA J
I agree:
___________________________
JIKELA J
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APPEARANCES
There were no further appearances by counsel.