Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Unfair dismissal in South Africa: What the law says, and where things go wrong

June 5, 2026

High Court rules Bitcoin is both money and capital under SA’s exchange control laws

June 5, 2026

Authorities fail to overturn ruling linked to cyclist’s fall into hidden 6.2-metre culvert

June 5, 2026
Facebook X (Twitter) Instagram
Trending
  • Unfair dismissal in South Africa: What the law says, and where things go wrong
  • High Court rules Bitcoin is both money and capital under SA’s exchange control laws
  • Authorities fail to overturn ruling linked to cyclist’s fall into hidden 6.2-metre culvert
  • Municipality cannot reopen a case settled by a binding plea and sanction agreement
  • FSCA imposes R5.39 million in penalties on financial services firms
  • Wits student wins leave to appeal refusal to renew 2026 registration
  • Africa Day celebrations and the enduring gendered contradictions of African unity
  • Businesses urged to make only provable advertising claims
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » PRASA found negligent after violent attack on elderly couple at Crawford Station
Civil Law

PRASA found negligent after violent attack on elderly couple at Crawford Station

Western Cape High Court holds Passenger Rail Agency of South Africa liable for failing to protect passengers, awarding damages to an elderly commuter left injured and traumatised.
Kennedy MudzuliBy Kennedy MudzuliDecember 1, 2025Updated:December 1, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • The court finds PRASA failed to provide security on the train and platform, exposing the passenger to harm.
  • The passenger sustained physical injuries and emotional trauma after being attacked by three unknown men.
  • PRASA ordered to pay proven or agreed damages with costs, quantum to be determined later.

Jacob Colin Barnett, 72, was violently assaulted while travelling on a Metrorail train from Cape Town to Retreat Station on 26 May 2019.

Judge S Pather of the Western Cape High Court has now accepted Barnett’s evidence that three men who boarded at Hazeldene Station harassed him and his wife, leading to a scuffle in which he sustained a hand injury, and his wife’s handbag was stolen. As the train arrived at Crawford Station, a woman on the platform threw a brick through the open train doors, hitting Barnett on the nasal bone and causing extensive bleeding.

“This court accepts that the plaintiff was fearful of what might happen to him and his wife, given their ages and the fact that they faced three men, one of whom was armed with a knife,” Judge Pather said. Barnett testified that he could no longer travel safely by train, a form of transport he relied on for its affordability, and experienced significant anxiety and trauma as a result of the incident.

PRASA breached its duty of care to passengers

The court found that the Passenger Rail Agency of South Africa (PRASA) failed to provide adequate security on the train or at Crawford Station. There were no guards, surveillance cameras, or emergency assistance. Judge Pather emphasised that Barnett’s expectation of safety was reasonable, noting, “The defendant should not have sold tickets that are more expensive if it could not provide the benefits that accompany such a ticket.”

Quoting precedent, Judge Pather highlighted that PRASA bears both a public and private law duty to protect commuters, referencing Mashongwa v PRASA [2016]: “It is this context of legal duty that falls on PRASA’s shoulders that must be understood. PRASA is under public law duty to protect its commuters… together with constitutional values, have mutated to a private law duty to prevent harm to commuters.”

The court also cited Railway Commuters Action Group v Transnet Ltd t/a Metrorail [2005], affirming that commuters are entitled to reasonable measures of protection. PRASA’s defence relied on a bare denial and did not call witnesses or provide evidence of security measures. Judge Pather observed, “The defendant called no witnesses, and this is indicative of the fact that there is no one to testify to the version that has been pleaded by the defendant.”

PRASA also criticised Barnett for seeking medical care before reporting the incident to the police, a point the court rejected. “There is no reason to doubt the plaintiff when he says that the SAPS refused to open a docket as the plaintiff could not identify the perpetrators.”

Court orders damages and costs

Judge Pather concluded that Barnett had proven his case and that PRASA’s negligence directly resulted in his injuries. “It was the defendant’s failure to safeguard the plaintiff whilst he was a passenger on the train that ultimately resulted in the injuries that he suffered,” the judgment reads. The court ordered PRASA to pay Barnett’s proven or agreed damages and legal costs, with the quantum to be determined later, granting preference for the matter’s enrolment.

Judge Pather emphasised: “The minimum expectation of the plaintiff and his wife was to be safe while going home.”

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

personal injury Prasa Public transport train safety Western Cape High Court
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Authorities fail to overturn ruling linked to cyclist’s fall into hidden 6.2-metre culvert

June 5, 2026

Toddler’s future forever changed after an accident just before his third birthday

June 4, 2026

Sportscene lawyers ordered to pay costs after appeal delayed by flawed court record

June 2, 2026
Leave A Reply Cancel Reply

Prove your humanity: 6   +   8   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Employment and Labour Law Series
7 Mins Read

Unfair dismissal in South Africa: What the law says, and where things go wrong

By Ann-Suhet MarxJune 5, 20267 Mins Read

Unfair dismissal is one of the most common workplace disputes in South Africa. Understanding the rules can help both employees and employers avoid costly mistakes.

High Court rules Bitcoin is both money and capital under SA’s exchange control laws

June 5, 2026

Authorities fail to overturn ruling linked to cyclist’s fall into hidden 6.2-metre culvert

June 5, 2026

Municipality cannot reopen a case settled by a binding plea and sanction agreement

June 5, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Agricultural advisors declared scientists in landmark Labour Court ruling

February 17, 2026

R13,914 debt triggers sale of R380 000 home, transfer halted amid execution flaws

April 20, 2026

Understanding employee rights, workplace protections and grievance resolution in South Africa

June 8, 2025
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by