Yende v Passenger Rail Agency of South Africa

The appellant, Mr Lucky Mhlonishwa Yende, sustained severe bodily injuries, including the amputation of his right arm, at Elsburg railway station on 24 March 2005. He alleged that while boarding a PRASA train, the train jerked and began moving prematurely, causing him to lose balance, fall, and end up under the train. He claimed PRASA was negligent in failing to take adequate precautions to ensure passenger safety during boarding, particularly on a curved platform. PRASA disputed this version, leading evidence that the train stopped for about 45 seconds, that proper departure procedures were followed, and that there was no explanation supported by evidence as to how Mr Yende came to be injured.

The appeal was dismissed with costs.

The case reaffirms core principles of South African delict law, particularly that negligence cannot be determined in the abstract and must be grounded in proven facts establishing foreseeability and causation. It underscores the plaintiff’s onus to provide a plausible factual account linking the defendant’s conduct to the harm suffered.