oa De Rebus - Transport utility's duty to prevent harm to passenger : case note

Volume 2016, Issue 563
  • ISSN : 0250-0329



On 31 January 2011, Irvine Van Sam Mashongwa boarded a train operated by the Passenger Rail Agency of South Africa (PRASA) at Walker Street Station in Pretoria. He was the only passenger in the coach when the train pulled out of the station and it was possible for passengers to move from one coach to another. There were no security guards on the platform at Walker Street Station or on the train. Approximately two minutes into the journey three unarmed men entered the coach in which Mashongwa was travelling from an adjoining coach. They approached him and demanded his money, wallet and cellphone, which he gave to them without protest. They then hit and kicked him and he was thrown out of the moving train shortly before it reached Rissik Street Station. He landed about 30 metres away from the station platform and sustained serious injuries to his left leg, which had to be amputated.

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