Shabalala v Metrorail

• Jurisdiction: South Africa
• Citation: 2007 (3) SA 167 (W)

Shabalala v Metrorail
2007 (3) SA 167 (W)

2007 (3) SA p167

Citation	2007 (3) SA 167 (W)
Case No	5933/2005
Court	Witwatersrand Local Division
Judge	Horn J
Heard	June 9, 2006
Judgment	June 9, 2006
Counsel	H Kriel for the plaintiff.; E Ferriera for the defendant.

Flynote : Sleutelwoorde B

Delict — Action for damages — For criminal conduct on trains — Plaintiff claiming damage for physical injuries sustained when robbed and shot on board train allegedly as result of failure by defendant to provide adequate security presence on platforms and trains — Not proved that mere lack of security presence causing plaintiff's harm — Element of causation not D proved — Accordingly, plaintiff's claim dismissed.

Headnote : Kopnota

The plaintiff claimed damages in delict for the physical injuries he sustained in an incident on board one of the defendant's trains in which he was shot, robbed and injured by an unknown assailant. He based his claim on the allegations that the defendant had a duty of care to ensure the safety all fare-paying passengers on its trains and that the defendant breached that duty by failing to employ sufficient security staff on platforms or trains to prevent the incident in which the plaintiff was injured. The defendant denied the existence of any such duty. E

Held, that, in order for the plaintiff to succeed in his action, he had to prove the usual elements of delictual liability, namely, a duty of care, breach of that duty of care, negligence, failure to take steps to prevent harm being caused to the plaintiff, and causation. (At 170B - C.)

Held, further, that, on the evidence, the element of causation had not been proved: it could not be said that the mere fact that there was not a security presence on the day in question had F caused the plaintiff to be robbed and injured. For that reason alone, the defendant was not liable. (At 170G - I.)

Held, accordingly, that the plaintiff's claim was dismissed. (At 171D/E.) G

Cases Considered

Annotations

Reported cases

Rail Commuters Action Group and Others v Transnet Ltd t/a Metro Rail and Others 2005 (2) SA 359 (CC) (2005 (4) BCLR 301): distinguished

Transnet Ltd t/a Metro Rail and Others v Rail Commuters Action Group and Others 2003 (6) SA 349 (SCA) (2003 (12) BCLR 1363): dictum at 372B (SA) applied. H

Unreported cases

Tsogo Sun Holdings (Pty) Ltd v Qing-E Shan and Another (SCA case No 374/05): referred to. I

Case Information

Action for damages in delict for personal injuries arising from a robbery on board a commuter train owned and operated by the defendant. The facts appear from the judgment of Horn J.

H Kriel for the plaintiff.

E Ferriera for the defendant. J

2007 (3) SA p168

Judgment

Horn J:

The plaintiff, a 47-year-old man, instituted action against the defendant for damages in respect of physical A injuries suffered when he was travelling as a passenger on a train of the defendant, when he was robbed, shot and injured by an unknown person or persons on the train. The basis for the plaintiff's claim is that the defendant had a duty of care to ensure his safety while travelling as a fare-paying passenger on the defendant's train. B The plaintiff specifically pleaded that the defendant failed in its duty by reason thereof that it failed to employ sufficient security staff on the platforms or on the trains to prevent an attack on the plaintiff during which he was shot and robbed of his property.

The defendant denied liability and in particular denied that it had such a duty as pleaded by the plaintiff. When the trial proceeded, C I was informed that the parties had agreed that the question of merits and quantum be separated and in terms of Rule 33(4) I made an order accordingly. The matter therefore only proceeded in respect of liability.

The plaintiff stated that he was a regular traveller on the defendant's trains. On the day in question, that is 21 May 2004, a Friday during the evening, he boarded a train at Dunswart D station. He boarded the train on the strength of a valid train ticket. While waiting on the platform for the train to arrive, he noticed approximately 11 other persons who appeared...