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South Africa Case Law

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Delict [2025] ZAGPJHC 421

Biyela-Mbekizeli v Passenger Rail Agency of South Africa SOC LTD (2024/14477)

Biyela-Mbekizeli v Passenger Rail Agency of South Africa SOC LTD (2024/14477) [2025] ZAGPJHC 421 (11 April 2025)

The High Court dismissed a passenger’s delict claim against PRASA after finding he tried to board a moving train with closed doors and failed to prove negligence.

  • Negligence
  • Volenti Non Fit Injuria
  • Duty Of Care
  • Causation
  • Railway Passenger Safety
  • Separation Of Merits And Quantum
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Delict [2024] ZAGPPHC 370

Sibulawa v Passenger Rail Agency of South Africa (27470/2021)

Sibulawa v Passenger Rail Agency of South Africa (27470/2021) [2024] ZAGPPHC 370 (22 April 2024)

The High Court refused PRASA’s application for absolution from the instance in a commuter injury claim arising from an overcrowded train with open doors.

  • Negligence
  • Absolution From The Instance
  • Duty Of Care
  • Railway Passenger Safety
  • Absolution-from-the-instance
  • Delict
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Delict [2024] ZAGPJHC 71

Mbatha vs Passenger Rail Agency of South Africa (2020/17339)

Mbatha vs Passenger Rail Agency of South Africa (2020/17339) [2024] ZAGPJHC 71 (1 February 2024)

The High Court dismissed a delict claim against PRASA after finding the plaintiff failed to prove negligence, wrongfulness, or causation on the evidence.

  • Public Law Duty Of Care
  • Negligence
  • Wrongfulness
  • Causation
  • Railway Passenger Safety
  • Onus Of Proof
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Delict [2018] ZAGPPHC 265

Rodgers v Passenger Rail Agency of South Africa (7392/16)

Rodgers v Passenger Rail Agency of South Africa (7392/16) [2018] ZAGPPHC 265 (12 January 2018)

The court found that the defendant failed to take reasonable steps to ensure the safety of passengers by allowing the train to operate with open doors while overloaded. The evidence of the plaintiff was accepted, as the defendant did not call the train guard, who was the crucial witness regarding the condition of the doors. The defendant's failure to close the doors exposed passengers to foreseeable danger, and the plaintiff's conduct did not amount to contributory negligence. The defendant is therefore liable for 100% of the plaintiff's proven damages.

  • Negligence
  • Apportionment Of Damages Act
  • Railway Passenger Safety
  • Contributory Negligence
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Delict [2016] ZAGPJHC 194

Passenger Rail Agency South Africa v Moabelo (A5015/2014, 16217/2014)

Passenger Rail Agency South Africa v Moabelo (A5015/2014, 16217/2014) [2016] ZAGPJHC 194 (31 May 2016)

Appeal over passenger injury claim dismissed after the court accepted the respondent’s version and rejected PRASA’s suicide theory as improbable.

  • Railway Passenger Safety
  • Mutually Destructive Versions
  • Onus Of Proof
  • Personal Injury
  • Costs Award
  • Railway-passenger-safety
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.