Khanyisile v Transnet Soc Limited (07424/13) [2019] ZAGPJHC 357 (2 September 2019)

Khanyisile v Transnet Soc Limited (07424/13) [2019] ZAGPJHC 357 (2 September 2019)

The court found that Transnet failed to take reasonable steps to prevent public access to dangerous railway premises, including not erecting fences, providing adequate signage, or ensuring effective security. The evidence showed that the community, including the plaintiff, regularly used the unfenced route, and the defendant was aware of this but did not act to mitigate the risk. The defence of volenti non fit injuria was rejected because, although the plaintiff knew of the general danger, she did not consent to the specific harm caused by the train moving without warning. The court held that the defendant's omissions were both factually and legally causative of the plaintiff's injuries....

Citation
[2019] ZAGPJHC 357
Parties
Plaintiff: Jabu Khanyisile Mashaya; Defendant: Transnet SOC Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 September 2019
Case Number
07424/13
Procedural Posture
Civil Trial / Liability Determination; Quantum Postponed Sine Die
Outcome
Defendant liable for 50% of plaintiff's proven or agreed damages; costs awarded to plaintiff; quantum postponed sine die.
Judges
Dosio
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Fencing Act, Apportionment of Liability, Personal Injury
Delict Land and Property Civil Procedure Negligence Contributory Negligence Duty of Care Fencing Act Apportionment of Liability +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jabu Khanyisile Mashaya

Plaintiff

Transnet SOC Limited

Defendant

Procedural Posture

Civil Trial / Liability Determination; Quantum Postponed Sine Die

Legal Issues

  1. 1 Whether the defendant was negligent in failing to take reasonable steps to prevent public access to dangerous railway premises.
  2. 2 Whether the defendant's omissions were causally linked to the plaintiff's injuries.
  3. 3 Whether the defence of volenti non fit injuria applies to exclude liability.

Ratio Decidendi

The court found that Transnet failed to take reasonable steps to prevent public access to dangerous railway premises, including not erecting fences, providing adequate signage, or ensuring effective security. The evidence showed that the community, including the plaintiff, regularly used the unfenced route, and the defendant was aware of this but did not act to mitigate the risk. The defence of volenti non fit injuria was rejected because, although the plaintiff knew of the general danger, she did not consent to the specific harm caused by the train moving without warning. The court held that the defendant's omissions were both factually and legally causative of the plaintiff's injuries....

Court Disposition

Defendant liable for 50% of plaintiff's proven or agreed damages; costs awarded to plaintiff; quantum postponed sine die.

Orders

  • The defendant is liable for 50% of the plaintiff's proven or agreed damages.
  • The defendant is ordered to pay the costs.