A man who lost his right foot after attempting to board a train has had his claim for damages against the Passenger Rail Agency of SA (Prasa) dismissed.

The Citizen reports that Sipho Mgiba’s foot was amputated nine years ago following an incident at Denver railway station in Johannesburg. He subsequently filed a lawsuit against Prasa, seeking compensation for his injuries.

Testifying before the Gauteng High Court (Pretoria), Mgiba described the events of 24 February 2015. He said he had finished work that evening and arrived at Denver station at around 6pm to catch a train home to Tembisa. The train was already full, and he could only manage to step just inside the doorway of the carriage. 

According to Mgiba, he was pushed out of the open doorway by the crowd as the train began to move and he fell onto the tracks.

He said other commuters came to his aid and helped him back onto the platform. The plaintiff also contended that the train continued moving and eventually stopped some distance away.

Mgiba denied that he attempted to board the train while it was in motion or that he was without a valid ticket.

This was disputed by the two witnesses Prasa called to challenge Mgiba’s version of events.

The first witness, a train guard identified as Mr Magoso, testified that Mgiba attempted to board the train when it was moving, but slipped and fell.  He alerted the train driver to stop and assisted Mgiba until the paramedics arrived.

The second witness, Mr Baloyi, a security officer, testified that Mgiba told him he had tried to board the train while it was in motion, but slipped and fell. When asked if he had a ticket, Mgiba allegedly responded that he did not, according to The Citizen.

In a recent ruling, High Court Judge Anthony Millar stated that the key issue before him was determining liability.

Millar highlighted that Mgiba had provided conflicting accounts to Magoso and Baloyi. He said the issue of a ticket was ‘something of a red herring’ because Prasa is responsible for ensuring train doors are closed before departure.

Although Mgiba insisted he was pushed, the judge questioned why someone unhurried after a full day’s work would board an overcrowded train without a secure handhold.

He further questioned why Mgiba did not simply step off the train once it began to move with the door still open.

The judge found that, on a balance of probabilities, Mgiba’s testimony was not more convincing than Magoso, even though both versions appeared plausible.

The court dismissed Mgiba’s claim with costs.

Full report in The Citizen

Judgment