South African Rail Commuter Corporation Ltd v Thwala

The respondent, a 54-year-old regular commuter, was injured at Village Main Station, Johannesburg, on 1 June 2007 while disembarking from a Metrorail train operated by the appellant. The train was crowded due to a civil service strike. As the train arrived at the station, fellow commuters rushed to disembark, pushing the respondent, who fell onto the platform and was trampled. She sustained soft tissue injuries and briefly lost consciousness. She alleged that the train was moving with open doors when she was pushed. The appellant denied negligence. The trial was confined to liability, with quantum separated.

The appeal was upheld with costs. The order of the South Gauteng High Court was set aside and replaced with an order granting absolution from the instance, with costs.

The case clarifies the evidentiary burden on plaintiffs alleging negligent omissions against public transport operators. It reaffirms that, despite the positive duty on rail operators to ensure commuter safety, liability will not follow unless negligence and wrongfulness are properly proved, including evidence of reasonable preventative measures that should have been taken. It underscores that overcrowding and injury alone do not automatically establish negligence.