LME3701
Assignment 2 Semester 1 2026
Unique number:
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, TABLE OF CONTENTS
HISTORICAL APPROACH............................................................................ 3
Historical Development of Civil Medical Negligence Claims In South
African Public Healthcare System ............................................................... 3
COMPARATIVE APROACH ....................................................................... 18
Resolving Medical Negligence Claims: A Comparative Study of South
Africa and New Zealand ............................................................................ 18
Varsity Cube 2026 +27 81 278 3372
, HISTORICAL APPROACH
Historical Development of Civil Medical Negligence Claims In South African
Public Healthcare System
1. Introduction
Medical negligence litigation has become one of the most pressing challenges facing
the South African public health system. Over the past two decades, civil claims
against provincial health departments have increased significantly, particularly in
cases involving obstetric injuries and birth-related cerebral palsy. The financial
implications of these claims have placed substantial strain on public resources,
raising concerns about sustainability, accountability and access to healthcare.1
The legal framework governing medical negligence in South Africa is rooted in the
common law of delict, as developed through judicial precedent and influenced by
constitutional values after 1994. Landmark decisions such as Kruger v Coetzee2 and
Minister of Health v Goliath3 have shaped the test for negligence and state liability. In
addition, the Constitution of the Republic of South Africa, 1996, guarantees the right
to access healthcare services and the right to dignity, life and bodily integrity, which
directly inform the adjudication of medical negligence claims.4
This study adopts a historical approach to examine the development of civil medical
negligence claims in South Africa from the pre-constitutional era to the present. It
focuses specifically on how courts have interpreted negligence, causation and
damages in claims against public healthcare institutions, and whether the existing
civil litigation model adequately protects constitutional rights while ensuring systemic
sustainability.
2. Problem Statement
The rapid escalation of civil medical negligence claims against provincial health
departments has exposed structural weaknesses in the South African delictual
1
South African Law Reform Commission (SALRC), Medico-Legal Claims Issue Paper 33 (Project 141, 2015).
2
Kruger v Coetzee 1966 (2) SA 428 (A).
3
Minister of Health v Goliath 2008 (2) SA 248 (C).
4
Constitution of the Republic of South Africa, 1996 ss 10, 11, 12 and 27.
Varsity Cube 2026 +27 81 278 3372
Assignment 2 Semester 1 2026
Unique number:
Due Date: April 2026
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, TABLE OF CONTENTS
HISTORICAL APPROACH............................................................................ 3
Historical Development of Civil Medical Negligence Claims In South
African Public Healthcare System ............................................................... 3
COMPARATIVE APROACH ....................................................................... 18
Resolving Medical Negligence Claims: A Comparative Study of South
Africa and New Zealand ............................................................................ 18
Varsity Cube 2026 +27 81 278 3372
, HISTORICAL APPROACH
Historical Development of Civil Medical Negligence Claims In South African
Public Healthcare System
1. Introduction
Medical negligence litigation has become one of the most pressing challenges facing
the South African public health system. Over the past two decades, civil claims
against provincial health departments have increased significantly, particularly in
cases involving obstetric injuries and birth-related cerebral palsy. The financial
implications of these claims have placed substantial strain on public resources,
raising concerns about sustainability, accountability and access to healthcare.1
The legal framework governing medical negligence in South Africa is rooted in the
common law of delict, as developed through judicial precedent and influenced by
constitutional values after 1994. Landmark decisions such as Kruger v Coetzee2 and
Minister of Health v Goliath3 have shaped the test for negligence and state liability. In
addition, the Constitution of the Republic of South Africa, 1996, guarantees the right
to access healthcare services and the right to dignity, life and bodily integrity, which
directly inform the adjudication of medical negligence claims.4
This study adopts a historical approach to examine the development of civil medical
negligence claims in South Africa from the pre-constitutional era to the present. It
focuses specifically on how courts have interpreted negligence, causation and
damages in claims against public healthcare institutions, and whether the existing
civil litigation model adequately protects constitutional rights while ensuring systemic
sustainability.
2. Problem Statement
The rapid escalation of civil medical negligence claims against provincial health
departments has exposed structural weaknesses in the South African delictual
1
South African Law Reform Commission (SALRC), Medico-Legal Claims Issue Paper 33 (Project 141, 2015).
2
Kruger v Coetzee 1966 (2) SA 428 (A).
3
Minister of Health v Goliath 2008 (2) SA 248 (C).
4
Constitution of the Republic of South Africa, 1996 ss 10, 11, 12 and 27.
Varsity Cube 2026 +27 81 278 3372
