Glen Morare v SA Rail Commuter Corporation Limited

The appellant, Glen Morare, claimed damages of R1.9 million from the SA Rail Commuter Corporation Limited, alleging that on 7 November 2008 he was assaulted by unknown persons and pushed through an open door of a moving train operated by SA Rail, causing him serious injuries. He alleged that he boarded a train at Park Station bound for Naledi via Braamfontein. SA Rail disputed that Morare had been a passenger on one of its trains or that the incident occurred as alleged. It was common cause that Morare was found injured alongside the railway tracks at Doornfontein Station, which lies in the opposite direction to Naledi from Park Station. The High Court separated liability and quantum, and initially found SA Rail liable. On appeal, the full court overturned that decision and dismissed the claim.

The appeal was dismissed, and the order of the full court dismissing the appellant’s claim was upheld. No order as to costs was made.

The case underscores the importance of the plaintiff’s onus of proof in delictual claims against public transport authorities. It illustrates that liability cannot be imposed without credible and probable evidence that the claimant was a lawful passenger and that the injury occurred in the manner alleged. The judgment also highlights the role of route evidence, probabilities, and consistency in assessing factual disputes.