Authored by Jessica Blunden.
In August 2026, the High Court in Z.N obo N.N v MEC for Health and Social Development, Mpumalanga Province dismissed an appeal against an award for general damages of R600 000 for a child born with cerebral palsy, holding that as the child had died before the award was determined, there was no compensatory purpose to a substantial damages award for pain and suffering.
The appeal by the child’s mother against the MEC for Health, Mpumalanga claimed that her child’s condition was as a result of medical negligence. Merits in respect of the original action were settled between the parties at 90/10 in favour of the appellant. The matter was then to proceed to trial on quantum. Prior to the trial the child died. The appellant’s appeal was premised on the fact that she felt aggrieved by the general damages award, arguing that it was unreasonable, inadequate, unfair and significantly lower when compared with awards previously made by the courts in similar cases.
At the outset the court held that its powers in terms of assessing general damages on appeal are confined in that the court can only interfere with an award where there was an irregularity or misdirection. The court found no sound basis exists for the award, nor any striking disparity between the award made by the trial court and what the appeal court considered to be fair and reasonable.
Relying on previous decisions, the appellant argued that an award of R2 500 000 was more appropriate. The appeal court disagreed. The appeal court distinguished the current matter, finding that the child's death before the award had been made was a significant distinguishing factor.
In its substantiation, the court drew on previous authority which held that an unconscious claimant is not entitled to general damages for pain and suffering and an award for loss of amenities of life can only be made to the extent it can serve some function for the claimant's personal and exclusive benefit.
This judgment reaffirms the purpose of general damages. Damages for personal injury are compensatory, not punitive. They exist to compensate the individual who has been injured who must derive benefit from the damages awarded. The purpose is not to enrich the estate of the deceased but to ameliorate the pain and suffering and loss of amenities of the injured person. No purpose is served by making a substantial award to alleviate the pain and suffering of a child who has since died.