The Western Cape High Court has ordered the Passenger Rail Agency of South Africa (Prasa) to pay R3.5 million in damages after a commuter fell from a moving train in Cape Town.
Also read: Cape Town mayor turns to President Cyril Ramaphosa on train issue
In 2019, Siyamthanda Maphela was reportedly struck by a stone that was thrown by an unknown person through the open doors of a carriage of the train he was travelling on, causing him to fall. He was a Grade 10 pupil at the time.
According to IOL, Maphela suffered a right frontal decompressed fracture of the skull as well as blunt trauma injuries to his upper and lower body. Following this incident, he made a claim of R3.5 million from Prasa.
In turn, Prasa denied the particulars of the claim and instead submitted that Maphela contributed to the negligence himself.
Cape {town} Etc discount: Get certified as an event management coordinator online with this course from Skill Up for R199. Get it here.
As per the judgement, Maphela ‘testified that the train which he boarded at Mutual station was packed and overcrowded with passengers. After boarding, he stood facing the open door of the carriage. There was no place to be seated, there were no windows in the carriage and people stood on either side of him in a formation he described as ‘in a line’.
‘The train left the Mutual station with its carriage doors open. While en route, the plaintiff felt something striking or hitting the right side of his forehead. He does not know what struck him. He regained consciousness in Groote Schuur Hospital. He furthermore explained that he was struck by the object while the train was travelling between Heideveld and Nyanga stations and that as a result of the incident, he sustained an injury to his head and did not return to school for the remainder of the 2019 academic year.’
This account of events was corroborated by Maphela’s friend, who was travelling with him at the time.
According to Thando Klaas, an investigator and witness for Prasa, no evidence or record of stones being thrown at the train could be found. ‘According to Mr Klaas, the ‘minimal information’ he obtained during his investigation indicated two scenarios: either the plaintiff had fallen from the train or he had not.’
During cross-examination, Klaas admitted that although such incidents have previously been reported and/or that he was made aware of such incidents, he had no personal experience ‘of reports nor investigations conducted of stone-throwing incidents.’
Acting Judge Mas-udah Pangarker said the matter was capable of settlement on the merits. ‘A young learner fell from a train and the disquieting lack of care and interest in the safety of commuters such as the plaintiff continued, despite the warnings issued by the Constitutional Court in the Metrorail and Mashongwa judgments several years ago. In light of the above reasons, I am of the view that a punitive costs order is warranted.’
Looking for a deal on a car, but tight on a budget? Have a look at these offers for under R100 000. View the deals here.
Also read:
Picture: Prasa Group / Facebook