A Zimbabwean mother, whose daughter was born with cerebral palsy 10 years ago, will receive nearly R17.3m for future medical expenses in a negligence claim victory against the North West Health MEC.
The North West High Court (Mafikeng) found that the staff at the hospital where the child was born were negligent, and that the health authority was 100% liable for the damages she had suffered.
The Mercury reports it is not known how much the MEC had to pay in general and other damages, as this was decided on earlier, but that this latest ruling was on the amount due to the mother for her daughter’s future medical expenses.
Although counsel for the MEC had asked for a slightly lesser amount to be paid, saying that because the mother was a Zimbabwean citizen and could, at any time, return to her country of origin, the court said the Bill of Rights guarantees equal protection of the law to everyone.
It said there was no proof for the suggestion that a foreign national was entitled to less protection of the law while in the Republic.
The amount of damages towards medical expenses will be controlled by a trust, with a portion of the amount awarded going towards setting up the trust.
The mother had come to South Africa in 2005, moving to North West in 2009 and working as a domestic worker until August last year. She left her job to take maternity leave for the birth of her second child.
On her return, her services were terminated and she now works only once a week as a domestic worker. The remainder of the week, she looks after her children. She said they also rely on income from her husband’s employment as a cleaner at a private company.
The mother said in 2010 she obtained her Zimbabwean Exemption Permit, which she renewed up until 2021 when her last permit expired. Thereafter, Home Affairs Minister Dr Aaron Motsoaledi granted an extension to all Zimbabwean Exemption Permit holders until 30 June this year.
The plaintiff said she and her husband intend to remain in the country and raise their two children here.
She further testified that they live in a shack, and that their source of water is a communal tap 200m from their home, and they use an outside pit toilet.
She wants to enrol her daughter at a special school for handicapped children in Brits, and had already done her research on this, she told the court.
Counsel for the MEC recommended that as the family lives in a shack, they should be provided with suitable accommodation with a room for a caregiver.
The Mercury PressReader article – R17m for care of brain-damaged child (Open access)
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State liable for child’s cerebral palsy after Bara birth 17 years ago