‘Negligent’ Prasa loses case against nurse who suffered broken arm during stampede caused by ‘skollies’

The Western Cape High Court on Friday ruled that the Passenger Rail Agency of South Africa (Prasa) must pay damages after a passenger was injured during a stampede on one of its trains in Cape Town.

Sindisiwe Patience Mkhize approached the court after her arm was broken when a large group of passengers ran through the train carriage she was sitting in on 17 October 2018. The panic in the train was allegedly sparked by ‘skollies’ that were robbing the passengers.

The nurse said she was on her way to work when the incident happened.

Passenger suffers broken arm during stampede on train

Mkhize accused Prasa of failing to ensure the train was not overcrowded and not providing security personnel to control the passengers. In its defence, Prasa denied that the incident happened as Mkhize stated and that its employees were negligent.

The stampede occurred when the train came to an unexpected stop between the Stikland and Bellville train stations. The court heard that this often occurs when trains are using the same tracks and one of them needs to move off at a nearby intersection.

While the train was stationary, the court heard that passengers from another carriage came “running and screaming” into the carriage where Mkhize was seated. Some of the panicked passengers were screaming that skollies had climbed onto the train and were robbing them.

“These passengers came in running, pushing and shoving to get through the door to get into the plaintiff’s carriage, and were running into the passage in between the benches. Even those who were seated or standing in that carriage started running, pushing and shoving,” read the judgment.

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Although Mkhize never saw the men alleged to be robbing passengers, she got a fright and started running in the same direction as the crowd.

Both Mkhize and another passenger, Gloria Mahusi, said they could not see any security officials on the train carriage at this point.

While running away, Mkhize fell and was trampled on.

During cross-examination, Prasa argued that Mkhize should have remained calm and not left her seat, especially since she did not see the skollies herself. It said she would not have been injured if she had not left her seat.

The alleged robbers reportedly got off the train once it started moving again.

Lack of security officers

Although Prasa said it had deployed two security guards to trains that day, the guards could not say whether they were on the specific train that Mkhize boarded. Prasa’s acting leading protection officer told the court that “budgetary constraints” meant it could not deploy officers to every train or station.

Prasa also argued that Mkhize had not reported the incident to them on the day. She, however, said she couldn’t do so because she had to seek medical care, but did a few days later when she had sufficiently recovered.

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In his ruling, Judge Daniel Thulare said: “The level of violence on commuters’ trains in the Western Cape is a matter of public record.”

He said the absence of protection officers was “negligent”.

“I am not persuaded that the measures provided by the defendant were consonant with a proper appreciation of its duty against the background of the challenge from skollies to its commuters in the Cape Metropolitan area but especially on the northern line.”

He also criticised Prasa for not being able to “account for the whereabouts of its protection officers”.

Judge criticises Prasa and calls it ‘inhuman’

In addition, Thulare described Prasa’s suggestion that Mkhize should have remained seated as “simply inhuman”.

“It suggests that those who instruct the defendant’s legal representatives are sometimes simply bored, unoccupied or lack interest in their duties and responsibilities.”

Thulare ordered Prasa to pay Mkhize’s costs. In terms of the damages it must pay her, the judge said that will be determined in a separate hearing.

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