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South Africa decisions
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Alfred v Passenger Rail Agency of South Africa (88925/2019) [2025] ZAGPPHC 251 (12 March 2025)
The High Court held PRASA liable for 100% of a commuter’s proven damages after he was injured when allegedly pushed from an overcrowded moving train.
Rathihaya v Passenger Rail Agency of South Africa (72739/17) [2025] ZAGPPHC 53 (22 January 2025)
High Court held PRASA 60% liable for a passenger’s injury after train doors were left open in motion, with the plaintiff 40% contributorily negligent.
Mthethwa v Passenger Rail Agency of South Africa (PRASA) (2020/33363) [2023] ZAGPJHC 135 (14 February 2023)
The court found that the defendant was negligent in permitting the train to operate with open doors on both sides, including the far side where passengers are not expected to embark or disembark. This created a foreseeable risk of harm, which materialized when the plaintiff was pushed out during a panic caused by an explosion in the carriage. The defendant failed to lead any evidence to rebut the prima facie case of negligence or to show that reasonable measures were taken to ensure passenger safety. The plaintiff's evidence was undisputed, and there was no credible evidence of contributory n…
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Seti v South African Rail Commuter Corporation Ltd (10026/2009) [2013] ZAWCHC 109 (8 August 2013)
The defendant, as a provider of public rail transport, owed a duty of care to ensure reasonable safety measures for commuters, including ensuring that train doors are closed before departure. The train departed Khayelitsha station with its doors open, constituting negligence and an invitation for prospective passengers to board while the train was moving. The guard failed in his duty to ensure all doors were closed, and the absence of platform marshals exacerbated the risk. The plaintiff was negligent in attempting to board a moving train, but did not fully appreciate the risk and did not con…
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