Jesus from Tembisa loses foot and case against Prasa

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 South Africa (Prasa) dismissed.

Sipho Jesus 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.

Tembisa man sues Prasa for damages

Testifying before the Gauteng High Court in Pretoria, Mgiba described the events of 24 February 2015.

He told the court he had finished work that evening and arrived at Denver station at around 6pm to catch a train home to Tembisa, where he lived.

Mgiba decided to board a train headed to Germiston station, from where he planned to catch a connecting train, since he was not in a rush.

He testified that he waited for the train to stop and boarded it near the middle section.

ALSO READ: Allegations of fraudulent payments amounting to billions at Prasa

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 inside as the train began to move and 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.

Prasa opposes claim for damages

Prasa called two witnesses to challenge Mgiba’s version of events.

The first witness, a train guard identified as Mr Magoso, testified that his responsibility was to ensure that the platform was clear, and the train doors were closed before giving the signal for departure.

Magoso explained that a clear platform meant no one should be inside the yellow safety line near the edge and the train.

He testified that on the day in question, he saw Mgiba running alongside the train, outside the yellow line, before jumping toward the train’s door.

According to Magoso, Mgiba attempted to grab a thin metal lip above the door, but slipped and fell.

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

The train guard said he immediately alerted the driver to stop and jumped out onto the platform to assist.

With the help of other commuters, he lifted Mgiba back onto the platform.

He also retrieved Mgiba’s amputated limb and placed it beside him.

Magoso testified that Mgiba told him he had been pushed from the train — a claim Magoso disputed, asserting that he had witnessed the entire incident.

After paramedics arrived, Magoso reboarded the train and left.

Second witness

The second witness, Mr Baloyi, a security officer, testified that he was stationed elsewhere but received a call around 6:20pm about an incident at Denver.

He arrived at the station approximately 20 minutes later and found paramedics attending to Mgiba, who was conscious.

Baloyi said he recorded Mgiba’s details on the scene and asked him what had happened.

Mgiba told the security officer that 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.

High court judgment

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.

“This duty does not extend only to those who have tickets,” the judgment reads.

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.

READ MORE: Former Prasa head of security fails to get job back in 7-year legal battle

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

“On his version, it was still adjacent to the platform, and he could have done so safely. Indeed, it was his duty to do so on his own version.”

Millar also pointed out that there was no indication that Magoso and Baloyi had communicated on the day in question.

“What he [Baloyi] saw and heard was recorded in a report, and that report was made on the same day.

“Of course, why the plaintiff would tell Mr Magoso one version and Mr Baloyi another, is also inexplicable.”

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.