Safety not our duty, says Metrorail
2003-09-09 13:37
Bloemfontein - Train operator Metrorail denied on Tuesday in the Supreme Court of Appeal in Bloemfontein that it was legally bound to provide safety services on its coaches.
The company appealed together with the SA Rail Commuter Corporation (SARCC) and the Minister of Transport against an earlier Cape High Court ruling.
The high court in February 2002 ordered them to take the necessary steps to ensure commuters' safety on Western Cape trains and at stations. They were instructed to put in place adequate safety and security services, as well as measures to control access to rail facilities.
This followed an application by a group of railway commuters complaining of rife crime on Metrorail's trains.
Advocate Dup du Plessis, for Metrorail and the SARCC, argued on Tuesday that it was solely the SA Police Services' duty to ensure the safety of commuters.
This function was transferred wholly to them in 1986 when the former SA Railways Police Force was abolished, Du Plessis maintained.
"Metrorail simply does not have the necessary powers and funds to carry out a security function."
Du Plessis said they did not dispute that the disappearance of the now defunct railways police had left a hiatus. His clients would therefore welcome their reintroduction.
He argued that Metrorail's legal obligation to provide services "in the public interest" did not include ensuring the safety of its passengers. The reason was that the SA Police Services Act already covered this function.
"Even if taking the Bill of Rights into account, the duty (of safety services) is adequately taken care of in other legislation. It rests on the police to protect the lives and property of commuters," Du Plessis said.
Appeal judge Ian Farlam questioned whether the introduction of the Constitution after 1994 did not change all this.
"If, for argument's sake, Metrorail had a licence to run a railway service that constituted a death trap before 1994, did the Constitution not revoke that?" Farlam asked Du Plessis.
The appeal hearing will continue on Wednesday.
- SAPA