Mashongwa v Passenger Rail Agency of South Africa

The applicant, Mr Irvine van Sam Mashongwa, was a rail commuter who boarded a PRASA-operated train at Walker Street station in Pretoria on 1 January 2011. There were no security guards on the train or at the station. While the train was in motion and with the coach doors open, three men entered his coach, robbed and assaulted him, and ultimately threw him from the moving train. He sustained severe injuries, leading to the amputation of his left leg. Mashongwa sued PRASA for damages, alleging that it negligently failed to provide reasonable safety and security measures for passengers.

Leave to appeal was granted and the appeal was upheld. The order of the Supreme Court of Appeal was set aside. PRASA was declared liable for the damages that Mr Mashongwa may prove, and was ordered to pay costs in the High Court, the Supreme Court of Appeal, and the Constitutional Court, including costs of two counsel where applicable.

This case is a leading authority on the delictual liability of organs of state for omissions arising from breaches of constitutional and public law duties. It confirms that public transport utilities like PRASA can be held liable in damages for failing to take reasonable measures to protect passengers from foreseeable harm. The judgment develops South African delict law by clarifying when public law duties may be transposed into private law claims, particularly in the context of vulnerable communities and socio-economic realities.