Passenger Rail Agency of South Africa (PRASA) v Seleke (A5016/2022) [2023] ZAGPJHC 51 (25 January 2023)
Court
South Gauteng High Court, Johannesburg
Case number
A5016/2022
Judges
Strijdom, Makume, Mudau
The appeal court held that PRASA was not shown to be negligent. The respondent’s attempt to board a moving train was found to be the sole cause of the injuries.
Komako v Passenger Rail Agency of South Africa (43704/2012) [2022] ZAGPJHC 822 (21 October 2022)
Court
South Gauteng High Court, Johannesburg
Case number
43704/2012
Judge
Adams
The High Court dismissed a damages claim by a passenger injured after falling from a train, finding the plaintiff’s version improbable and PRASA not negligent.
Hanger v Regal and Another (A77/2015) [2022] ZAFSHC 190 (11 March 2022)
Court
Free State High Court, Bloemfontein
Case number
A77/2015
Judges
VAN ZYL, OPPERMAN, DANISO
Full Court appeal on absolution in a delict claim arising from a bear attack. The court found the plaintiff had made out a prima facie case and restored the action.
Engelbrecht v City of Tshwane Metropolitan Municipality (75626/2016) [2020] ZAGPPHC 776 (29 December 2020)
Court
North Gauteng High Court, Pretoria
Case number
75626/2016
Judge
Gumbi
The court found that the plaintiff was the author of his own misfortune, having failed to stop after two collisions and having engaged in a physical altercation with Officer Mapatshoe. The officer had reasonable grounds to suspect the plaintiff of offences and acted to effect a lawful arrest. The discharge of the firearm occurred during a struggle, and the evidence supported the officer's version that he acted in self-defence and did not intentionally shoot the plaintiff. The plaintiff's conduct exposed him to foreseeable risks, and the requirements for the defences of self-defence and necess…