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I thus need not decide whether a court could in law impose such terms on an unwilling defendant. The expert must demonstrate to the court that he or she has relevant knowledge and experience to offer opinion evidence. Athetoid CP is characterised by low muscle tone and uncoordinated movements. The function of the case manager is to coordinate and monitor therapies and other interventions, to assist in identifying and engaging therapists, doctors and other service providers, to help in sourcing equipment, to provide reports to the trust, to motivate and obtain approval for trust expenditure and so forth. The expert must not assume the role of advocate. To date her fees have been funded from an interim payment of R1,5 million which the defendant made on 31 March They claimed damages for themselves and on behalf of IDT. He had some understanding of statistics, which he applied in his doctoral thesis. The plaintiffs intend that Ms Bester should continue as the case manager. An order against an organ of state to make indeterminate payments over an indeterminate period may present significant budgetary and fiscal challenges. There is some evidence that he can hear and understand simple instructions, even when unaccompanied by visual or gestural cues. Separation of issues  In order to place this first phase of proceedings on a proper procedural footing, I raised with counsel somewhat belatedly, in argument whether it was not desirable to make a rule 33 4 order. In argument on the trust issues the teams were supplemented by Ms Pillay for the plaintiffs and by Mr Budlender SC for the defendant. The extent and cost of future audiological assessments were also in issue. The parties and the court would also be saved the time and expense of determining future medical costs. Facilitator and caregivers  The facilitator is a person to be present with IDT during ordinary working hours, accompanying him to school and private therapy and helping him with his home program. The present judgment will make provision for that to happen.
They annexed to their respective pleadings the trust deeds they proposed. The persons affected by the reversionary interest would be his heirs. The function of the case manager is to coordinate and monitor therapies and other interventions, to assist in identifying and engaging therapists, doctors and other service providers, to help in sourcing equipment, to provide reports to the trust, to motivate and obtain approval for trust expenditure and so forth. In short, awards in favour of the few are said to harm the rights of the many. In a general sense the top-up and clawback provisions are only intended to be operative if future events reveal that the damages as conventionally assessed are more or less than IDT requires. Actuarial aspects  Pursuant to the findings made in this judgment, actuarial calculations will need to be performed to quantify the awards in respect of future expenses and loss of earnings. Athetoid CP is not necessarily accompanied by cognitive impairment. In most instances the experts filed two and sometimes three reports. IDT was fitted with hearing aids in May on the recommendation of Red Cross Hospital but showed resistance to wearing them. I shall refer to these as the one-action rule and the lump-sum rule. Unlike sign language, which is a language with its own syntax, keyword signing is designed to enable the user to sign one or two key words from a conventional sentence. Medical expenses and administration costs will be incurred for as long as IDT is alive. The present judgment will make provision for that to happen. He can walk short distances unaided, using walls and furniture for stability. Unrelated medical expenditure would be funded from the award for loss of earnings and general damages. I find it difficult to understand why the plaintiffs have persisted with their version. Portable electronic devices can also be used to generate voice output. Such a regime might allow public funds to be better matched to current public needs and in a general sense this might enhance the constitutional rights and duties which the defendant invokes. The cross-examination too would have been shorter and more focused if fully reasoned reports had been filed. His expressive communication is limited to making requests about basic wants and needs. Many items remain fully in dispute. My attention was not directed to any provision of the PFMA which in terms authorises such a transaction. The extent and cost of future audiological assessments were also in issue. He is a mathematician and statistician who has worked for many years as a medical researcher in the sphere of LE and epidemiological studies in developmental disabilities and traumatic injury, including CP. The ability to resolve claims in this way would be one of the significant policy considerations in favour of a relaxation of the lump-sum rule.
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