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Goliath v Member of the Executive Council for Health, Eastern Cape (085/2014) [2014] ZASCA 182

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27th November 2014

By: Shannon de Ryhove
Contributing Editor

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Goliath v Member of the Executive Council for Health, Eastern Cape (085/2014) [2014] ZASCA 182
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Summary: Delict – medical negligence – surgical swab left in patient – inappropriate to resort to piecemeal processes of reasoning – only one enquiry – whether plaintiff has discharged the onus of proving on a balance of probabilities the negligence averred against the defendant – whether maxim res ipsa loquitur should be jettisoned from our vocabulary.

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African National Congress v Ezulweni Investments (Pty) Ltd (979/2022) [2023] ZASCA 159

Click here to read the full judgment on Saflii [1] The respondent, Ezulweni Investments (Pty) Ltd (Ezulweni), claimed to have concluded an agreement on 20 February 2019 with the appellant, the African National Congress (the ANC).[1] This the ANC denied. Ezulweni then applied to the Gauteng Division of the High Court, Johannesburg (the high court) for payment of R102 465 000, along with interest and costs. The high court, per Bhoola AJ, granted the relief sought by Ezulweni. The ANC was granted leave to appeal to the full court of that division. The full court, per Adams J, with Makume and Twala JJ concurring, turned down the appeal with costs. This court granted the ANC special leave to appeal and this is the resultant appeal. →

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