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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.
Radebe v Passanger Rail Agency of South Africa (2018/2844) [2023] ZAGPJHC 269 (27 March 2023)
The court found that the plaintiff failed to discharge the onus of proving that the defendant was negligent and that his injuries resulted from a foreseeable event which the defendant could have prevented. The evidence from the train guard and driver was accepted as credible, showing that the train doors were fully functional and operated correctly throughout the journey, including at Dube Station. The plaintiff's version was found improbable, as it was unlikely that only he would be injured if a crowd had pushed him out. The defendant had taken reasonable safety measures, and there was no ev…
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Jiyane v Passenger Rail Agency of South Africa (18678/2019) [2022] ZAGPPHC 136 (8 March 2022)
The High Court held PRASA 100% liable after finding that a train moved while the plaintiff was disembarking at Merafe station and injured her wrist.
Zihori J v Passenger Rail Agency of South Africa (35192/18) [2021] ZAGPPHC 582 (8 September 2021)
The High Court dismissed a train-injury damages claim after finding the plaintiff failed to prove he was pushed from the train and likely jumped off voluntarily.
Rabothatha v Passenger Rail Agency of South Africa (PRASA) (37116/17) [2018] ZAGPPHC 859 (23 November 2018)
The High Court dismissed a passenger’s delict claim against PRASA after finding no proved negligence and holding that he voluntarily assumed the risk.
Hlongwane v Passenger Rail Agency of South Africa (26582/2016) [2018] ZAGPJHC 401 (29 May 2018)
The High Court granted absolution from the instance in a PRASA liability claim after finding the plaintiff failed to prove she was pushed from a moving train.
Thatha v Passenger Rail Agency of South Africa [2018] ZAGPPHC 732 (16 February 2018)
The court found that the plaintiff was a lawful passenger on PRASA's train, having purchased a valid ticket and boarded in the ordinary course. The evidence established that the train doors were open during movement and the train was overcrowded, which PRASA did not dispute or rebut with any witness testimony. The court held that PRASA owed a duty of care to its passengers and breached this duty by allowing the train to operate in such unsafe conditions. The plaintiff was pushed out of the open door due to overcrowding, which was a foreseeable risk. The plaintiff conceded some contributory ne…
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Mhlongo v Passenger Rail Agency of South Africa (2012/31036) [2014] ZAGPJHC 164 (5 March 2014)
A passenger-rail injury claim was dismissed after the court found the plaintiff unreliable and held that he failed to prove negligence on a balance of probabilities.
Moya v Passenger Rail Agency of South Africa (10/46053) [2012] ZAGPJHC 22 (8 March 2012)
The High Court granted absolution from the instance in a train-injury claim, finding the plaintiff’s evidence contradictory and insufficient to prove negligence.
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