Nozinyanga Radebe, the mother of Mabutana Radebe who was paralysed after being pushed out of a moving train in 2016, wants answers about the compensation that was paid. Picture: Nigel Sibanda
A Gauteng man who was injured in a train incident that left him paralysed and suffers from serious mental health has been living in squalor, while his R8 million compensation was reportedly paid out to his lawyer a year ago.
Mabutana Radebe, 27, from Polokong, Sebokeng, had his legs amputated in 2016, after he was pushed out of a moving train as it approached the Lenasia train station stop.
He also sustained head injuries that left him with depressive mood disorder.
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His family got a lawyer to take the Passenger Rail Agency of South Africa (Prasa) to court over the incident.
On 18 November, 2022, the High Court in Johannesburg ordered Prasa to pay R8 million for damages to cover Radebe’s medical bills and living expenses.
Prasa spokesperson Andiswa Makanda said payment was made over a year ago.
“Prasa confirms that the claimant was paid in full on 23 April last year and the amount was paid to his attorneys of record,” Makanda said.
Radebe’s mother, Nozinyanga Radebe, claimed the lawyer had cut off communication with them She lives in an RDP house and Radebe occupies a shack in the same yard.
They are barely making ends as nobody is employed in the family, she said.
“The lawyer handling our case has not updated us on why the payment has been delayed. He does not give us straight answers,” said Radebe.
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The lawyer did not respond to calls and messages sent to him.
Radebe is confined to a wheelchair. He and his mother live off his disability grant.
“We have been waiting for the money for about two years now. Sometimes he loses his mind because I don’t have money to take him to a specialist,” she said.
The Citizen has seen a judgment that was issued by the high court. Prasa was found 70% liable for the victim’s injuries.
“The harm to the plaintiff was reasonably foreseen and avoidable but the defendant failed to ensure that the door of the train was closed while the train was in motion,” reads the judgment.
“The defendant is the organ of the state and its main business is to protect the rights of its rail commuters as provided in the constitution of South Africa’s Act number 108 of 1996 as amended. The defendant in this case failed to protect the plaintiff’s constitutional rights.”
Prasa was ordered that the compensation be paid within 60 days.
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