Court dismisses PRASA commuter application for delictual damages

The Passenger Rail Agency of South Africa (PRASA) has reiterated that measures are in place to ensure the safety of commuters following the dismissal with costs of an application brought by a commuter suing the agency for delictual damages arising from injuries sustained while on board a Metrorail train.
In a statement on Wednesday, PRASA said the Gauteng Division of the High Court in Pretoria dismissed the application saving the organisation R2.9 million in claims.
“The High Court found that the plaintiff’s testimony was insufficient, lacked credibility and was unreliable. It did not support her version of events and, as a result, failed to establish PRASA’s liability or wrongful conduct,” PRASA said.
The incident dates back to 10 September 2019, when the plaintiff took a train to Park Ryne in Durban.
“She testified that she fell off the moving Metrorail train through open doors at the Park Ryne station. PRASA’s legal Counsel argued that the plaintiff was the sole cause of the incident due to her own negligence.
“A Metrorail guard who was on duty when the incident took place testified that she had been sleeping when the train arrived at her destination and subsequently jumped off the train as it departed from Park Ryne station,” the agency said.
The High Court granted PRASA absolution from the instance on 26 October 2023.
Furthermore, the court could not find that she was a lawful commuter at the time of the incident.
“According to the Legal Succession to the South African Transport Services Act 9 of 1989 it is a criminal offence to board a train without purchasing and producing a ticket or producing proof of purchasing a ticket.
“While any injury or accident involving a commuter in our rail environment is unfortunate and regrettable, PRASA welcomes the judgment handed down by the High Court and the R2.9 million saving. From a governance perspective, the judgment represents a positive step toward our ongoing efforts to reduce passenger related liabilities,” PRASA said.
PRASA said the organisation has taken a zero-tolerance approach to negligence and passenger injuries through the recent launch of the “Asiphephe – Let us be safe” safety campaign.
“The high-tech X’trapolis Mega Trains that we are rolling out on the recovered corridors/and or routes are designed with commuter safety in mind.
“They feature automated doors that cannot be forcefully opened by commuters, and the trains do not move when the doors are open or when an obstruction is detected.
“Recently, the Railway Safety Regulator issued the agency with an Annual Safety Improvement Plan Notice of Compliance, indicating its satisfaction with the safety measures put in place by the organization,” PRASA said.
Springboks win symbolises unity

Minister of Sport, Arts and Culture Zizi Kodwa says the significance of the Springboks’ 2023 Rugby World Cup (RWC) win extends beyond the rugby field; it symbolises unity and reconciliation in South Africa and is a core ingredient for SA’s journey to nationhood.
“Their victory serves as a source of national pride and it gave the nation hope, thereby boosting the nation’s morale. Moreover, it promotes diversity and sportsmanship while fostering a sense of identity and belonging among South Africans,” the Minister said on Wednesday.
Addressing the occasion of the SuperSport homecoming of the world champions in Johannesburg, Kodwa said the Springbok accomplishments on the four-world cup wins has a far-reaching impact.
The Springboks won the 2023 Rugby World Cup against New Zealand at the finals in Paris, France, on Saturday, 28 October 2023.
“You inspire our youth to dream big, work hard, and aim for the stars. For South Africans, the 2023 RWC has demonstrated beyond any doubt that sport has a unique power, especially rugby.
“It brings people together, transcending boundaries of language, culture, and background. It unites us in a common cause, creating a sense of shared identity and purpose. As we celebrate your victory today, we also celebrate the unity and strength that sports can bring to our nation.
He said over the past month, South Africa has been on a glorious wave, united in their support of the Springboks and celebrating the team’s triumphs because it represents their aspirations and hopes.
“What you saw at the airport yesterday was a glimpse of the vibe that was at the fan parks and viewing places across South Africa.
Sport development
“One of the priorities of government is sports development in schools and at grassroots level. Your success has inspired children from around the country to get into sports, and to try to be the next Eben Etzebeth, Pieter-Steph du Toit, Bongi Mbonambi, Damian Willemse, Cheslin Kolbe, Faf de Klerk, or Siya Kolisi.
“I have seen new rugby clubs being activated in places like Gqeberha during this period because of these young people associating with their role model, Siya Kolisi,” the Minister said.
He therefore emphasised that sports development of grassroots sports and talent identification should be prioritised.
“Our future champions are waiting to be discovered in communities across the country. Together, we need to invest in infrastructure, coaching, and talent scouting to ensure that no talent goes unnoticed. Let us strive to create pathways for young athletes to progress from the grassroots level to elite competition,” Kodwa said.
Social cohesion
He paid tribute to Springboks coach Rassie Erasmus, for being a champion of social cohesion and national unity.
“When you appointed Siya as a captain back in 2019, although at the time the decision must have invited a lot of commentary and hurtful statements, you stuck to your devising. In 2023, history be the judge, you were right.
“I have no doubt you influenced the appointment of coach Jacques who was a physio at that time, that too, am sure invited a lot of commentary about that decision and his decision. In 2023, history be the judge, you were right. This is the kind of leadership that is required if we are to make progress, to take hard bold decisions and remain loyal to our decisions,” the Minister said.
He thanked the players for their hard work during the tournament.
“To each and every one of the players, you have become advocates of social cohesion. It is only through sport that we achieve our aspirations as outlined in the preamble of the constitution of republic. South Africa belongs to all who live in it, a truly non-racial South Africa,” Kodwa said.
The Minister called upon academics in business schools to write case studies on the entire experience.
“I am sure both private and public sector leaders could learn a thing or two from it! It would be great to see the same experience being replicated on all fronts for a socially cohesive nation. Let us build on it and never go back,” he said.
Disability grant applicants can lodge an appeal – SASSA

Disability grant applicants have been encouraged to lodge an appeal if their application is not approved.
“The appeal must be lodged within 30 days after receiving a rejection letter and the process of reviewing the appeal also takes 30 days. If the applicant does not understand the rejection reasons they have a right to ask SASSA officials to provide clarity,” the South African Social Security Agency (SASSA) said in a statement.
“All approved disability grant beneficiaries receives an increased R2 090 monthly by the Minister of Treasury October 2023, due to budget review,” the agency said.
SASSA explained that the applicant must note that SASSA works together with the professional medical contracted doctors who are ensuring that qualifying applicants gets the disability grant.
SASSA medical contracted doctors work under the supervision, approved regulations and guidelines by SASSA and the department of Health.
“It is only a SASSA medical contracted doctor that can conduct the assessment and submit a report to SASSA which determines whether the applicant qualify for a temporary or permanent disability grant. The assessment report is based on the information presented to the doctor and physical assessment also is conducted,” the agency said.
The applicant must meet the following requirements:
- be a South African citizen; permanent resident or refugee permanently residing in South Africa.
- be 18 to 59 years of age;
- undergo a medical or functional assessment confirming disability and;
- provide clinical information or referral form confirming disability;
- provide a referral form duly completed by a treating facility or practitioner if previously rejected on medical grounds;
- the applicant and spouse must be subjected to the Means Test;
- not be maintained or cared for in a State-funded institution;
- not be in receipt of another social grant in respect of himself or herself;
- submit a 13-digit barcoded identity document or the smart ID card for self and spouse. In the absence of an ID or a birth certificate, an alternative identification prescribed by SASSA will be acceptable.
For more information applicants are advised to contact the toll free number during working days/hours on Monday – Friday 0800 60 10 11/013 754 9428/9363 and WhatsApp on 082 046 8553.
Medical schemes regulator welcomes court ruling

The Council for Medical Schemes (CMS) released a statement on Tuesday noting and accepting the ruling delivered by the North Gauteng High Court in Pretoria.
This comes after the CMS approached the high court seeking general guidance on unregistered healthcare products currently conducting the business of medical schemes without due registration.
In 2020, both Discovery Health and a division of the private hospital group Netcare separately launched a convenient way to access private, day-to-day healthcare by selling prepaid doctor consultation vouchers to South Africans who cannot afford medical aid.
However, the medical scheme regulator tried to prevent Netcare and Discovery Health from selling prepaid vouchers aimed at South Africans without traditional medical scheme cover.
The high court rejected its bid to end healthcare vouchers in a judgment delivered on 13 October 2023 with the judge ruling that the matter must proceed before an internal appeal.
“Section 20 (1) of the Medical Schemes Act (MSA) makes it abundantly clear that no person shall carry on the business of medical schemes unless that person is registered as a medical scheme.
“CMS sought a declaratory order against the conduct of these entities that are currently providing vouchers intended to fund medical expenses in contravention of section 20 (1) of the MSA,” the regulator said.
They also cited Section 6 of the Financial Institutions Act 28 of 2001 which allows the registrar to approach the high court to discharge any duty or responsibility imposed on him in terms of any law, compel any institution to comply with any law or to cease contravening a law or to comply with a lawful directive, and to obtain a declaratory order relating to any law or business of an institution.
“However, in this regard, the North Gauteng High Court was of the view that the internal Appeals Committee of CMS should first deal with the matter, and the Appeals Board should it be necessary before the matter can be brought before it.
“The CMS holds the view that the issue of vouchers used to fund medical expenses goes beyond the current cited parties in the dispute and therefore it would have been properly addressed by a decision of the high court which sets a precedence than by a decision of the Appeals Committee which does not,” the regulator explained.
CMS has since elected to abide by the judgement and is looking forward to the hearing before the Appeals Committee.
Springbok supporters await arrival of their champions

Scores of jubilant South Africans donning the Springbok colours have arrived at OR Tambo International Airport to welcome the world champions back home after their victory at the 2023 Rugby World Cup.
The national side triumphed over New Zealand in the final match of the 2023 Rugby World Cup tournament, beating New Zealand 12-11 on Saturday to lift the Webb Ellis Cup once more.
The supporters, who have braved the cold and rainy weather to get a glimpse of the team, are in high spirits, singing and dancing. The team will address the nation at a media conference that has been scheduled upon their arrival from France on Tuesday.
Boks head coach Jacques Nienaber, Captain Siya Kolisi and other squad members are expected to attend a media briefing at 12pm.
The team arrives in South Africa on Tuesday (10:55am) and will commence a four-day trophy tour to major regional population centres from Thursday.
The tour has been meticulously planned to convey the team’s appreciation and proudly showcase the trophy as it embarks on another four-year journey in South Africa.
The tour will start in Pretoria, Johannesburg and Soweto – concluding at FNB Stadium – on Thursday, 2 November. It will then continue in Cape Town (Friday, 3 November) and Durban (Saturday, 4 November) before concluding in the Eastern Cape (East London) on Sunday, 5 November.
“The locations have been selected for population size in the first three instances and because of the Eastern Cape’s rugby significance in the fourth. Satellite tours to Bloemfontein, Nelson Mandela Bay and other centres will be scheduled for 2024. Such tours following the 2019 victory had to be abandoned because of the COVID-19 pandemic.
“The route for each tour has been prepared in consultation with the respective local authorities and the South African Police Service,” SA Rugby said on Sunday.
Route maps and timings will be published at www.springboks.rugby, on SA Rugby’s social media channels and by local authorities in due course.
SA in numbers

78% – the percentage of households in formal dwellings in 2011, which rose to 89% in 2022.
89% – the percentage of households in formal dwellings in 2022, which rose from 78% in 2011.
3 – years since government embarked on the Economic Reconstruction and Recovery Plan, by 30 October 2023.
More than 2 million – jobs lost due to the negative economic effects of the Coronavirus pandemic.
2 million – the increase in the number of people with jobs over the last two years, bringing the level of employment close to its pre-pandemic level.
R350 – the value of the Social Relief of Distress Grant introduced by government in 2020 to keep millions of people out of poverty, and continues to provide much-needed support for those who are unemployed.
Over 1.2 million – employment opportunities created by the Presidential Employment Stimulus since its establishment, representing the largest expansion of public employment in South Africa’s history.
Over 4 million – young people registered on the SAYouth online platform, by 30 October 2023.
More than 1 million – young people registered on the SAYouth online platform, who have been able to access opportunities for learning and earning, by 30 October 2023.
26 – commuter rail corridors, out of 40, whose operations had been restored by the Passenger Rail Agency of South Africa, by 30 October 2023.
R50 billion – the amount to be spent over the next three years to modernise South Africa’s passenger rail network.
R17 billion – the value of the investment into the Mzimvubu Water Project in the Eastern Cape.
Over 12 000 – megawatts of confirmed projects in development as part of regulatory reforms government has initiated to enable a massive increase in private investment in electricity generation.
Over 4 500 – megawatts of installed rooftop solar that have more than doubled in the last year following the introduction of tax incentives and financing mechanisms.
20 – Economic Infrastructure Task Teams established by the South African Police Service throughout the country to protect critical infrastructure and tackle the “construction mafia”.
880 – members of the South African National Defence Force to be employed to support the police in combating criminal activity that targets critical economic infrastructure.
Over 3 000 – people arrested for illegal mining.
34 – State capture and corruption cases taken to court by the National Prosecuting Authority’s Investigating Directorate over the last four years, involving 205 accused persons.
205 – accused persons involved in 34 State capture and corruption cases taken to court by the National Prosecuting Authority’s Investigating Directorate over the last four years.
R14 billion – the value of freezing orders granted to the Asset Forfeiture Unit for State capture related cases.
Around R5.4 billion – the value of money recovered by the Asset Forfeiture Unit and returned to the State, by 30 October 2023.
18 cents – the amount for every rand that government collects in revenue that goes towards servicing South Africa’s national debt.
Over 6 months – the period during which government will accelerate the implementation of economic reforms.
4 – the number of times the Springboks became the world champions since the advent of democracy in South Africa in 1994.
15 December – the Friday in December 2023 that President Cyril Ramaphosa has declared a public holiday in celebration of the Springboks’ momentous achievement and the achievements of all other sportsmen and sportswomen – and as a tribute to the resolve of the united nation. It is a day of hope, celebration and unity.
Spotlight on gender transformation in the mining sector

Gender equality transformation hearings in the mining sector, where companies will be accounting for the state of gender transformation in their businesses and workplaces, are expected to kick off this week.
The Commission for Gender Equality (CGE) will host the hearings on 31 October 2023 and 01 November 2023 at the commission’s office in Braamfontein, Johannesburg.
They are a follow-up to the research study undertaken by the commission in 2017, entitled Bold Claims and Small Gains: Reluctance to promote gender equality in the mining sector in South Africa.
CGE spokesperson Javu Baloyi said despite a plethora of legislative frameworks and the amended Mining Charter, compliance with gender transformation remains a concern for the commission.
“The study, among other things, found that there is a disproportionate representation of gender on corporate boards of Directors, Executive Management and general workforce at most mining companies,” Baloyi said.
Through the transformation hearings, the commission seeks to assess compliance with employment equity legislation and related policies; address institutional and systematic barriers to economic and gender diversity in the workplace on the progress of women and persons with disabilities as well as raise awareness on relevant international commitments to gender transformation and the importance of compliance.
The hearings will start with Samancor Chrome Limited on 31 October, followed by Wesizwe Platinum and AngloGold Ashanti on 01 November 2023.
Four CIT robbers killed on N4 during shootout with police

Four cash in transit (CIT) robbers were fatally wounded in a shootout with law enforcement agencies in Mmakau in the North West province on Monday afternoon.
According to the South African Police Service (SAPS), a multi-disciplinary team received intelligence about a group of suspects planning to commit a cash in transit robbery between the North West and Gauteng.
“The information was operationalised and led the team to the N4 highway where the identified suspects’ vehicle was observed.
“The suspects’ vehicle was spotted as it turned towards Mmakau. A high-speed chase and shootout ensued as soon as the suspects realised they were about to be captured.
“The suspects lost control of their vehicle and collided with a fence. Four of the suspects were fatally wounded and three unlicensed firearms, two handguns as well as a rifle were recovered from the scene,” said the police.
The suspects are aged between 30 and 45-years-old.
The multi-disciplinary team – comprising the Hawks Tactical Operations Management Section (TOMS), Gauteng Traffic Saturation Unit, Gauteng Traffic Police Chopper, Badboyz Security, Tracker Connect, CAP Specialised Operations, FRS-Falcon Risk Solutions, SAPS PHO Crime Intelligence, SAPS Anti-Gang Unit and SAPS Gauteng Tactical Response Team – have been applauded for foiling the would-be cash in transit heist.
Police said further investigations are ongoing.
Permits to change the lives of farmers

By Gabi Khumalo
A group of farmers have dispelled the myth that government initiatives seldom have an impact on the lives of ordinary, real people.
Recently, 664 hemp and cannabis farmers who are on the KwaZulu-Natal Agriculture and Rural Development (DARD) database, received permits which grants them authorisation to cultivate, store and transport content with a Tetrahydrocannabinol (THC) of not more than 0.2%.
THC is the major psychoactive component and one of the 113 cannabinoids recognised in cannabis.
What does the handing over of the permits mean you ask? It means that the permits, handed over at a provincial Cannabis Expo and Conference, held at Okhahlamba Sports Complex in Bergville, will enable the farmers to have access to cutting edge technology through the Analytical Lab based at Cedara in uMgungundlovu District Municipality, near Pietermaritzburg.
To grow the local sector, the MECs of the provincial Departments of Agriculture and Rural Development (DARD) and Economic Development, Tourism and Environmental Affairs (EDTEA) invited captains of industry, including experts, academics, Amakhosi and local growers to a two-day expo and conference to share ideas that will grow the sector to its full potential.
Held under the theme: “One love, one heart,” the event provided a platform for local cannabis and hemp farmers, and others with an interest in the sector to engage with business and academia.
Among the issues under discussion were that of regulations, registration, production, agro processing and exports.
Local business who will be providing services to permit recipients were also granted R300 000 each. Services include processing, erecting tunnels and providing lab equipment, packaging, testing, and finding a market for farmers.
Masterplan
The first citizen of the province, Premier Nomusa Dube-Ncube said the expo and conference will be etched in the minds of the people, as the starting point of a “new era for the cannabis sector in the province.”
Dube-Ncube noted that many milestones had been achieved through the KZN Cannabis Masterplan.
“Through DARD we have set aside an amount of R47 million for cannabis research. We have allocated R10 million to assist farmers in cannabis production and hemp permit application.
“We have facilitated an investment commitment of R120 million and we have participated in the Cannabis and Hemp Phakisa Action Lab in order to secure much-needed policy coherence and to ensure closer collaboration amongst government entities,” she explained.
This as pilot projects targeting commercial growers are ongoing, and the province has supported several investment leads, which were in the process of rolling out district-based capacity building programmes under the umbrella of the proposed KZN Cannabis Association.
Reaping the rewards
EDTEA MEC Siboniso Duma said, the expo had been a success and that the work by both EDTEA and DARD was just beginning.
“We want our farmers to be the champions of the cannabis sector and we want them to be able to speak for themselves. We are giving them an assignment to come closer to us because what we have started together, will change people’s lives,” Duma said.
Meanwhile, DARD MEC Super Zuma said the province has worked steadfastly and the time to unlock the province’s prosperity through the hemp and cannabis sector, had now arrived.
“We have ensured a smooth process for our hemp permit holders and we covered all their costs. We are winning the fight to alleviate poverty and unemployment and we are extremely proud of the ongoing collaborative work that continues behind the scenes, and I must say all our collaborative efforts have yielded fruit,” Zuma said.
Permit recipient from the Umzinyathi District Municipality, Sphelele Shezi, said this was the beginning of great things for her small business of hair products, noting that the success of the products relies on hemp seed oil.
“I applied for my permit in July because I want to start extracting oil to use in our hairspray. We also manufacture shea butter which will soon be hemp infused.
“This permit will allow my business to grow and I have a vision of owning a manufacturing plant which will open up job opportunities,” Shezi said.
The owner of Old Grey Distillery–which manufactures cannabis infused beverages in Johannesburg– Derek Collard, said his business has received great exposure at the expo.
“The expo has been superb. We started our business when cannabis became legal and we started experimenting with different cannabis infused gin flavours. We have met incredible contacts that we will be supplying. There are business opportunities as well as local growers that we could potentially partner with,” Collard said.
Nonhlanhla Qhoboshiyane, a hemp and cannabis farmer from Durban, who was introduced to the plants after falling ill, said she was grateful for the opportunity to be part of the informative expo.
“My interest started in 2016 when my husband and I were diagnosed with cancer. We used hemp oil and we would make cannabis leaf tea to help with the pain.
“These plants are from the Lord, created to bring about economic recovery in South Africa, there should be no stigma attached to them. The rural economy will grow because of hemp and cannabis,” she said.
Investment
In the 2023 State of the Nation Address (SONA), President Cyril Ramaphosa reiterated government’s commitment made in 2022 to unlock investment in the hemp and cannabis sector.
During the Phakisa Action Lab gathering held in June 2023, the President said the cannabis and hemp sector is one of 14 priority sectors that have been defined in government’s Country Investment Strategy as holding significant potential to secure investment, job creation and support for sustainable rural livelihoods, in recognition of people’s rights.
“I am confident that the collaborative commitment to work together which characterises our society, will find expression in the Hemp and Cannabis Phakisa, leading to immediate short term regulatory reform, the adoption of a set of foundational policy principles to achieve longer term legislative reform and a detailed plan to achieve inclusive growth and investment,” the President said at the time.
Participants at the Action Lab collectively agreed on the regulatory reforms required to better enable the development of the hemp and cannabis sector.
The reforms will unlock the potential of cannabis in African traditional medicine; pharmaceutical and complementary medicines; and multiple industrial applications.
The regulatory reforms agreed to include reviewing the schedules to the Medicines Act to further enable cannabis grown for non-medicinal uses, including industrial purposes.
The Phakisa Action Lab further resolved to explore mechanisms to fast-track the removal of cannabis from the Drugs Act.
This will be a historic achievement through which the cultivation of non-medicinal cannabis will be legal under the terms and conditions of the Plant Improvement Act, which falls under DALRRD.
The development of the hemp and cannabis industry has so far seen the issuing of 83 cannabis licences, four manufacturing licences and 30 research permits by the South African Health Products Regulatory Authority (SAHPRA) since 2022. The authority is an entity of the Department of Health
The Department of Agriculture, Land Reform and Rural Development has also issued 371 hemp permits, which has enabled significant investment, employment creation, the application of technology, intellectual property development and exports to highly competitive global markets.
And that is no smoke and mirrors story.
Operation Shanela nets 597 suspects in the North West

The South African Police Service (SAPS) conducted various high-density operations in the North West province last week, which resulted in 597 suspects being arrested for various crimes.
The suspects were arrested during an Operation Shanela initiative which was held from Monday, 23 October 2023, to Sunday, 29 October 2023.
According to a statement by the police, among others, four arrests were made for drug-related offences, 11 for dealing in liquor, 21 for driving under the influence of liquor, three for possession of firearms and ammunition and 66 were undocumented persons who were handed over to the Department of Home Affairs for further processing.
The following arrests were made for serious and violent crimes: six for murder, four for attempted murder, five for armed robbery, 149 for assault with the intent to do grievous bodily harm, three for business robbery, 41 for burglary, 30 for malicious damage to property, 13 for rape and 104 for common assault.
During the operations, two firearms with ammunition, eight cellular phones as well as a variety of drugs and precious metals were confiscated.
Some of the suspects have already appeared before court while others are expected to make their respective court appearances this week in various courts in the province.
During the operations, 93 premises were searched, 12 road blocks were held and 11 unlicensed liquor premises were closed down.
In one of the incidents, a 45-year-old police officer was attacked with a sjambok in Extension 4, in Lebaleng location, Makwassie, by an alleged tuck shop owner while a law enforcement team was conducting consumer inspections.
The suspect attacked the police officer from behind, while he was removing expired products from the tuck shop. The officer was taken to a local clinic for medical treatment.
Investigations are underway and an arrest is imminent, said police.
The Provincial police Commissioner in the North West, Lieutenant General Sello Kwena, said an attack on a police officer is an attack against the state and it will not be tolerated.
He warned that consumption of expired goods could cause people to fall ill and even die, therefore the police will continue to work hard together with other government departments to ensure the safety of the community.