Asked by the Customer on 28-07-2014 10:26:26
Question posted in the General Law category relating to Western Cape
Question posted in the General Law category relating to Western Cape
To Whom it may Concern:
I was assaulted in March this year by Metrorail Security Police at Newlands Train station in Cape Town. I wa apparently travelling in the wrong carriage with the wrong ticket. As I had not travelled on the trains in a long while and had arrived in town the night before, I was unaware of any changes to the rules of public transport. I reported the incident (Case No xxxxxx), to be investigated by Const Det Ntinga 082 xxxxxxx, but have heard nothing!
In the proces I was bruised, traumatised and humiliated by the wrong doers in the line of their duty. A previous injury to my left arm has since been causing me a great deal of pain and discomfort. This has resulted in sleepless nights due to the pain keeping me awake.
I have photographic evidence of the perpetrators who during the process laughed and taughnted me from beyond the bars of the room they forced me into on the station platform. I was held there for a lengthy time before being release after a change of shift. I was unable to pay the fine they wanted to extort from me by intimidation and forced coercion. I am still in possesion of my ticket as proof of payment for my journey and as a result wish to follow up on my charge laid at the Claremaont police station as a matter of principal. No one should be violently assaulted for such a misdemeanour. What if I had been a foreighner visiting thie city...
Please let me know how I can go about suing Metyro Rail. I would need a pro-bono attorney as I cannot afford Lawyers fees.
Sincerley
Claire
I was assaulted in March this year by Metrorail Security Police at Newlands Train station in Cape Town. I wa apparently travelling in the wrong carriage with the wrong ticket. As I had not travelled on the trains in a long while and had arrived in town the night before, I was unaware of any changes to the rules of public transport. I reported the incident (Case No xxxxxx), to be investigated by Const Det Ntinga 082 xxxxxxx, but have heard nothing!
In the proces I was bruised, traumatised and humiliated by the wrong doers in the line of their duty. A previous injury to my left arm has since been causing me a great deal of pain and discomfort. This has resulted in sleepless nights due to the pain keeping me awake.
I have photographic evidence of the perpetrators who during the process laughed and taughnted me from beyond the bars of the room they forced me into on the station platform. I was held there for a lengthy time before being release after a change of shift. I was unable to pay the fine they wanted to extort from me by intimidation and forced coercion. I am still in possesion of my ticket as proof of payment for my journey and as a result wish to follow up on my charge laid at the Claremaont police station as a matter of principal. No one should be violently assaulted for such a misdemeanour. What if I had been a foreighner visiting thie city...
Please let me know how I can go about suing Metyro Rail. I would need a pro-bono attorney as I cannot afford Lawyers fees.
Sincerley
Claire
Further information relating to Question:
Yes, I am a 51 year old married white woman.
What I feel I experienced was reverse racism.
Message from the Attorney
Posted by Att. Patrick on 29-07-2014 08:08:01
Hi there and thank you for your question,
First, I'm very sorry to hear about your assault, nobody should need to go through that, especially when you are assaulted by a security guard who is employed to protect people who are travelling on the train.
In my view you would certainly have a claim against Metro Rail for damages sustained as a result of your assault.
The police charges would have most probably been instituted against the security guards in their personal capacity, and not specifically against Metro Rail - or were they?
If you wanted to sue Metro Rail, you would be able to sue them notwithstanding the fact that it was their guards (employess) who assaulted you. This is because og the tort called "vicarious liability" - essentially the principle of vicarious liability is an anomaly in our law because it imposes strict liability on an employer for the delict of its employee in circumstances in which the employer is not itself at fault. An employer (Metro Rail) will be held to be vicariously liable if its employee was acting within the course and scope of employment at the time the delict was committed.
You can read up on two cases in South African law where this was applied, and explained here.
Regarding the pro-bono attorney, my suggestion is that you contact the Cape Law Society and request their assistance in finding you a pro-bono attorney. Their contact details are here: http://www.capelawsoc.law.za/ They assist people with queries like this every day. There is a form that you fill out and then you get assessed, and referred to an attorney.
If you don't qualify for a pro-bono attorney, then the law society can give you a list of names of attorneys in your area who could assist you. It would then be up to you to make contact with them and explain your case and ask that they represent you for free - or at least that they only charge you once your claim has been finalised and Metro Rail pays your damages.
Other than assisting you with an attorney, your case is quite clear. You have a claim against Metro Rail for your injuries. You can sue them directly. (You wouldn't want to necessarily sue the guards, because they most probably don't have millions to pay you!) You could continue with the police case against the guards - that might ensure that the guards don't do this again to somebody else.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
First, I'm very sorry to hear about your assault, nobody should need to go through that, especially when you are assaulted by a security guard who is employed to protect people who are travelling on the train.
In my view you would certainly have a claim against Metro Rail for damages sustained as a result of your assault.
The police charges would have most probably been instituted against the security guards in their personal capacity, and not specifically against Metro Rail - or were they?
If you wanted to sue Metro Rail, you would be able to sue them notwithstanding the fact that it was their guards (employess) who assaulted you. This is because og the tort called "vicarious liability" - essentially the principle of vicarious liability is an anomaly in our law because it imposes strict liability on an employer for the delict of its employee in circumstances in which the employer is not itself at fault. An employer (Metro Rail) will be held to be vicariously liable if its employee was acting within the course and scope of employment at the time the delict was committed.
You can read up on two cases in South African law where this was applied, and explained here.
Regarding the pro-bono attorney, my suggestion is that you contact the Cape Law Society and request their assistance in finding you a pro-bono attorney. Their contact details are here: http://www.capelawsoc.law.za/ They assist people with queries like this every day. There is a form that you fill out and then you get assessed, and referred to an attorney.
If you don't qualify for a pro-bono attorney, then the law society can give you a list of names of attorneys in your area who could assist you. It would then be up to you to make contact with them and explain your case and ask that they represent you for free - or at least that they only charge you once your claim has been finalised and Metro Rail pays your damages.
Other than assisting you with an attorney, your case is quite clear. You have a claim against Metro Rail for your injuries. You can sue them directly. (You wouldn't want to necessarily sue the guards, because they most probably don't have millions to pay you!) You could continue with the police case against the guards - that might ensure that the guards don't do this again to somebody else.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Message from the Customer
Hello Patrick
Thank you for your follow up to my Question.
Could you tell me whether Trauma and bodily bruising and damage to existing past injuries constitutes damages I can claim for....i.e.: how serious do these have to be to be compensated for?
And, what kind of compensation could one expect?
Claire
Thank you for your follow up to my Question.
Could you tell me whether Trauma and bodily bruising and damage to existing past injuries constitutes damages I can claim for....i.e.: how serious do these have to be to be compensated for?
And, what kind of compensation could one expect?
Claire
Message from the Attorney
Posted by Att. Patrick on 06-08-2014 10:38:10
Hi there Claire,
Any injuries that you sustain as a result of the assault can be claimed for. Pretend that you have naturally weak bones, and as a result of the assult your arm is broken. You can claim for that. The assulter takes his victim as he finds him/her.
In order to determine the compensation one could expect you would need to get detailed advice from an attorney after having had a consultation. The attorney would need to understand exactly what injuries you want to claim for, and then would need to consult case law in order to find similar cases - this would give you a good understanding of what a Court would award.
I'm afraid that that is a little outside of the scope of advice here!
I suggest that you make an appointment with an attorney to discuss your claim. Take along all of your medical records, and a detailed statement that you have made setting out exactly what happened - in detail. If you have any invoices, doctors notes, etc ... take that all along with you!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Any injuries that you sustain as a result of the assault can be claimed for. Pretend that you have naturally weak bones, and as a result of the assult your arm is broken. You can claim for that. The assulter takes his victim as he finds him/her.
In order to determine the compensation one could expect you would need to get detailed advice from an attorney after having had a consultation. The attorney would need to understand exactly what injuries you want to claim for, and then would need to consult case law in order to find similar cases - this would give you a good understanding of what a Court would award.
I'm afraid that that is a little outside of the scope of advice here!
I suggest that you make an appointment with an attorney to discuss your claim. Take along all of your medical records, and a detailed statement that you have made setting out exactly what happened - in detail. If you have any invoices, doctors notes, etc ... take that all along with you!
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Message from the Customer
Thank you Patrick
I am making an application to the SA Law Society for Pro Bona help, as per your advice.
As I am residing in the Garden Route area at present with my husband of two and a half years, looking for a new home, I am not near to Cape Town where the assault took place.
Will this affect my application for Pro Bono Legal Assistance?
I am making an application to the SA Law Society for Pro Bona help, as per your advice.
As I am residing in the Garden Route area at present with my husband of two and a half years, looking for a new home, I am not near to Cape Town where the assault took place.
Will this affect my application for Pro Bono Legal Assistance?
Message from the Attorney
Posted by Att. Patrick on 11-08-2014 12:47:20
Hi there Claire,
That does not matter. Your attorney will be able to assist. I represent clients from Johannesburg in Cape Town, and it's all fine!
Good luck!
That does not matter. Your attorney will be able to assist. I represent clients from Johannesburg in Cape Town, and it's all fine!
Good luck!
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