Prasa to run on a strict legal leash
The judgment handed down in the matter between Prasa and RSR allows Prasa to run trains only under strict reporting conditions.
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The Passenger Rail Agency of South Africa (Prasa) recently became the second state-owned enterprise to be placed under judicial case management following Justice Cassim Sardiwalla’s judgment in the High Court in Pretoria.
Much like the South African Social Security Agency is under the watch of the Constitutional Court, the judgment handed down in the matter between Prasa and the Rail Safety Regulator (RSR) allows Prasa to run trains only under strict reporting conditions.
The rescission of RSR’s withdrawal of Prasa’s safety permit over the Van Riebeeck Station train collision on October 4, which left 300 people injured, meant Prasa has to submit a comprehensive safety plan by November 30 to address all its safety shortcomings.
Prasa has to implement its costed human resources plan, provide monthly feedback until March 1, provide a “comprehensive integrated asset condition report” for all its infrastructure and could not put any new rolling stock on the tracks without RSR’s prior approval.
This included the R600 million worth of brand-new Afro 4000 locomotives, according to RSR spokesperson Madelein Williams.
These trains were being used on pilot runs during off peak and afternoon trips to Pretoria. Sardiwalla gave Prasa until Wednesday to submit its preliminary report on the Van Riebeeck crash.
In addition, each time Prasa submitted a report to the RSR, the RSR has to submit a report to the high court and the transport minister.
Williams said the legal consequences of the court order were that Prasa was required to comply with safety requirements as prescribed by the RSR in the safety permit.
Prasa was compelled to provide the RSR and the registrar of the court with monthly written reports on its progress.
In the meantime, Sardiwalla would manage the case, with a compliance assessment set down for June 19 next year.
Steve Harris of the United National Transport Union said: “To date, Prasa has simply ignored any compliance notices issues against it by the RSR in terms of the Railway Safety Regulators Act.
“If Prasa ignores the RSR in future, it will be in contempt of court.”
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