South Africa Case Law

Ngobeni v Passenger Rail Agency of South Africa (A5046/2021)

Ngobeni v Passenger Rail Agency of South Africa (A5046/2021) [2022] ZAGPJHC 399 (8 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5046/2021

Judges

Mahomed, Wepener, Dippenaar

The court found that the respondent, as a public carrier, owed a legal duty to ensure the safety of its passengers, which included keeping train doors closed while the train was in motion and preventing overcrowding. The appellant's evidence that she was injured after falling out of a moving train with open doors was uncontroverted. The respondent failed to lead any evidence to challenge her version and relied solely on cross-examination, which did not establish a credible alternative account. The court held that the respondent's omission to close the doors and prevent overcrowding constitute…

Source excerpt

• Public Carrier Liability
• Negligent Omission
• Open Train Doors
• Overcrowding
• Duty Of Care
• Causation

Mahlangu v Passenger Rail Agency of South Africa (41271/2015)

Mahlangu v Passenger Rail Agency of South Africa (41271/2015) [2017] ZAGPPHC 547 (29 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

41271/2015

Judge

Sathobane

The court found that the defendant admitted its duty of care towards the plaintiff but failed to provide any evidence or argument to refute the plaintiff's contention that this duty was breached. The plaintiff's account was consistent and credible, despite minor discrepancies in the time of the incident, which were explained as estimates. The evidence established that the train was overcrowded, the doors were open as it departed, and there were inadequate security measures to control passenger movement. The plaintiff was pushed out of the train and sustained injuries as a result. The defendan…

Source excerpt

• Duty Of Care
• Negligence
• Public Carrier Liability
• Overcrowding
• Security Measures
• Boarding And Alighting Safety

S v Matshoba and Others (CC45/13)

S v Matshoba and Others (CC45/13) [2013] ZAECPEHC 63; 2015 (1) SACR 448 (ECP) (27 March 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

CC45/13

Judge

B Hartle

The court held that a section 49G enquiry is not a bail hearing and ordered the accused to remain in custody pending trial.

• Remand Detention
• Correctional Supervision Act
• Bail Principles
• Unreasonable Delay
• Overcrowding
• Section 49g Enquiry

S v Mhlanga (A221/06)

S v Mhlanga (A221/06) [2006] ZAGPHC 18 (27 February 2006)

Court

High Courts - Gauteng

Case number

A221/06

Judges

Bertelsmann, C P Rabie

Review of a theft sentence confirmed, but the High Court criticised the magistrate for imposing an unaffordable fine without proper enquiry or informing the accused of instalment and deferment options.

• Sentencing Procedure
• Imprisonment Vs Fine
• Magistrates Duties
• First Offender
• Overcrowding
• Fair Trial Rights