Delict: Tardy Prasa held liable for passenger's injuries

A passenger who fell from a moving train after he was struck by a rock thrown through open carriage doors has won a damages claim against Prasa. A SowetanLIVE report says Siyamthanda Maphela was injured in March 2019 while travelling from school in Cape Town. The then 17-year-old suffered a right frontal decompressed fracture of the skull and blunt trauma injuries to his upper and lower body. He ended up in hospital. He suffered shock, pain, and loss of amenities of life as well as loss of earning capacity. Maphela testified in court that the train was packed and overcrowded with passengers, and he could not sit on the chairs. ‘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”,’ read the court judgment.

‘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 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.’ Western Cape High Court Acting Judge Mas-udah Pangarker described it as shocking that it took five hours for the Prasa security guards to probe whether someone was lying on the railway after an anonymous call was made. Pangarker said Maphela’s claim on the merits was upheld, Prasa was 100% liable for his proven damages and it was ordered to pay his costs on an attorney and client scale, including the costs of senior counsel.