Passenger Rail Agency of South Africa v Mashongwa

The respondent, Mr Irvine Sam Mashongwa, was a fare-paying passenger on a PRASA-operated Metrorail train on 1 January 2011. While travelling from Walker Street Station to Mamelodi Gardens Station, he was alone in his coach when four men entered from an adjacent coach. They robbed and assaulted him and then threw him out of the moving train through open doors near Rissik Street Station, causing him injuries. Mashongwa sued PRASA for damages, alleging negligent failure to provide adequate security and to ensure that the coach doors were closed. The High Court separated liability and quantum and held PRASA liable. PRASA appealed to the Supreme Court of Appeal.

The appeal succeeded with costs. The High Court’s order was set aside and replaced with an order dismissing the plaintiff’s claim with costs.

The case clarifies the limits of PRASA’s duty of care to passengers and confirms that public transport operators are not insurers against criminal conduct. It reinforces the application of negligence and causation principles in cases involving third-party criminal acts on public transport.