Shabalala v Metrorail

The appellant, Mr Siphiwe Alton Shabalala, was shot and robbed while travelling as a passenger on a Metrorail train on the evening of 21 May 2004. After boarding the train at Dunswart station en route to Brakpan, three men stood up in the coach, one of whom demanded money from the appellant. When the appellant stated that he had none, the assailant shot him three times and robbed him of cash, a ticket and a wristwatch. The other assailants robbed other passengers. There were no security guards in the coach, and none were visible on the platform at Dunswart station. The appellant sued Metrorail in the High Court for damages, alleging that it negligently failed to provide adequate security. The High Court dismissed the claim, and the appellant appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The order of the High Court was amended to one of absolution from the instance, with the plaintiff ordered to pay the defendant’s costs.

This case clarifies the scope of Metrorail’s delictual liability for criminal acts committed against commuters. It reinforces the principle that foreseeability of harm does not translate into an obligation to provide absolute security, and that reasonableness remains the touchstone for determining negligence in cases involving omissions and systemic security measures.