Tag archives: Constitutional damages

Loss of the right to rear a child does not give rise to constitutional damages

By Justin Malherbe (ZA) and Rukshana Parker on March 20, 2017 Posted in General

Our law does not recognise a claim for constitutional damages for loss of a parent’s right to rear a child who was stillborn as a result of medical negligence. In Mbhele v MEC Health for the Gauteng Province, an expectant mother was admitted to Chris Hani Baragwanath Hospital with signs of foetal distress – an … Continue reading

Constitutional damages

By Donald Dinnie on September 25, 2014 Posted in General

Our courts are reticent in making an award for constitutional damages. They will first consider whether there is scope to develop the common law of damages to permit recovery before awarding constitutional damages, especially where the constitutional damages sought includes a punitive element. The courts look carefully at whether there is an existing, appropriate remedy … Continue reading