Western Cape High Court finds that Prasa has a public legal duty to ensure reasonable security measures are in place to protect passengers from harm.
Passenger Rail Agency of South Africa (Prasa) was held liable for 100% proven damages suffered by a Cape Town passenger thrown out of a moving train during a robbery near Nyanga 15 years ago.
In a judgment delivered last week, Western Cape High Court Acting Judge Siviwe Yake found that Prasa has a public legal duty to ensure reasonable security measures are in place to protect passengers from harm.
The court papers said Aisha Barnabas instituted a damages claim following an incident on May 9, 2011, while travelling on a train from Cape Town to Mitchell’s Plain via Nyanga stations.
It was alleged that when the train departed from Nyanga station, a commotion arose within the carriage occupied by Barnabas, who was allegedly pushed out of the moving train through an open door by a man robbing her of her bag.
