Passenger Rail Agency of South Africa v Moabelo

The respondent, a fare‑paying commuter with a valid weekly ticket, boarded an overcrowded PRASA train travelling from Kempton Park to Tembisa on 3 August 2009 during peak hours. The train was in motion with its coach doors open. While standing between the doors and holding a pole, the respondent was jostled by other passengers preparing to alight. When the train changed lanes near Kaalfontein Station, he lost his balance and fell out of the moving train. After falling, he was struck by another train and sustained catastrophic injuries, including bilateral leg amputations and other severe bodily harm. PRASA disputed this version and contended that the respondent was a pedestrian who ran in front of an oncoming train outside the station.

The appeal was dismissed with costs, including the costs of two counsel, and PRASA remained liable for the respondent’s proven damages.

The case reinforces the delictual liability of PRASA and other public rail operators for injuries arising from operating overcrowded trains with open doors. It affirms that a breach of PRASA’s public and constitutional safety obligations can ground private law delictual liability, and it extends the reasoning in Mashongwa to situations where the passenger is injured after falling from a train and being struck by another train.