A Zimbabwean woman has won her case against the North West department of health. This after claiming that healthcare professionals in the province caused her child’s cerebral palsy.
This comes after the Mahikeng High Court ruled in her favour recently.
The department has been ordered to pay R1,204.215.57. This includes a contingency provision of R16,056 207.60 for the plaintiff’s claim for future medical bills.
The minor’s mother informed the court that the department’s negligent staff caused her child to be born with cerebral palsy in October 2013.
Immigrated to SA in 2005
She stated that she is a Zimbabwean national who immigrated to South Africa in 2005. She began working as a domestic servant in North West in 2009.
“I have been married to my husband since 2012 and in 2013 we had our child. I have been doing piece jobs once a week as a domestic worker. For the remainder of the week, I look after my children,” she told the court.
The woman said she obtained her Zimbabwean Exemption Permit in 2010. Her family intends to remain in the country to raise their two children, she said.
“We live in a shack that has electricity. But my wish for the child is for them to be enrolled at a special school for the disabled children in Brits. If a suitable home could be erected for the child, it would be ideal if it were to be in the Brits area.”
The department argued that a 50% reduction in contingency allowance for future medical expenses and charges would be fair, given the circumstances.
“The plaintiff does not qualify to own land in the republic as she is not a citizen. Therefore a higher contingency should be considered,” the department submitted.
Breakdown of final court order amount
“I make the following order: The defendant shall make payment to the plaintiff in her representative capacity on behalf of the minor child, the amount of R17,260 423.20. It is to be… made up as follows: R16,056 207.60 (R18,889 656.00 less 15% contingency allowance). This in respect of the plaintiff’s claim for future medical expenses.
A final amount R1,204.215.57 in respect of the costs associated with the administration of the Trust is to be formed. This in terms of the order of Hendricks JP of 1 November 2022. And the reasonable costs in respect of the furnishing of security by the Trustees (being 7.5%, as agreed between the parties). This is calculated on the partial capital amount of R16,056 207.60,” said Judge Sandiswa Mfenyana.
