Case Law

Date judgment was handed down Court Parties Summary
28 November 2014 Supreme Court of Appeal Passenger Rail Agency of South Africa vs Irvine Van Sam Mashongwa Delict – Passenger thrown off train

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17 September 2014 Supreme Court of Appeal Primilda Jacobs vs Transnet Delict – negligence established where speed restriction imposed by the railway operator excessive

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13 March 2014 Supreme Court of Appeal Glen Morare vs SA Rail Commuter Corporation Limited Delict – appellant claiming he was pushed through an open door of a train and suffered injuries

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08 August 2013 High Court of South Africa Western Cape High Court Bongani Seti vs South African Rail Commuter Corporation Limited Plaintiff was injured when he fell while attempting to board a train which had left the station with the doors of the carriage open.

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29 September 2011 Supreme Court of Appeal South African Rail Commuter Corporation Limited vs Almmah Philisiwe Thwala Damages – appellant falling on train station platform and sustaining bodily injuries when jostled by fellow commuters.

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20 February 2009 High Court of South Africa Transvaal Provincial Division Mfanafuthi Lucas Shongwe vs South African Rail Commuter Corporation Plaintiff suffered injuries fallen in between moving train and platform at the station.

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22 August 2006 High Court of South Africa Cape of Good Hope Provincial Division Mark Harrington N.O vs Transnet Train hitting security guards patrolling train line contracted by Transnet.

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26 November 2004 Constitutional Court of South Africa Rail Commuters Action Group vs Transnet This application for leave to appeal raises the question of who bears responsibility for ensuring the safety of passengers travelling on commuter trains.

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