The South African Constitutional Court recently handed down a
landmark judgment, ruling that damages may be allowed to be paid by
methods alternative to monetary compensation.
The judgment related to a matter that was previously
handled by the High Court and Supreme Court of Appeal. In this
matter, the mother of a minor (the
"plaintiff/respondent") who was
diagnosed with cerebral palsy following injuries sustained at birth
at a state healthcare facility, claimed in excess of ZAR32-million
in damages from the MEC for Health, Gauteng (the
"defendant/applicant").
The High Court granted an order pursuant to an agreement between
the parties, which stated that "the defendant shall
pay to the plaintiff 100% of her agreed or proven
damages in her representative capacity for and on behalf of her
minor child." (our emphasis)
