Prasa in the balance

It still remains to be seen how the High Court will rule with regard to the suspension of the Passenger Rail Agency of South Africa’s (Prasa’s) safety permit, imposed by the Railway Safety Regulator (RSR) on October 5.

The parties were expected to report to the court on October 9 on immediate steps to address safety issues, after which the matter was to be heard yesterday, October 11.

RSR’s spokesperson, Madeleine Williams, yesterday told Independent Online: “Prasa did appear in court today to make its submissions, but the matter hasn’t been concluded yet. We are hoping for a conclusion on the matter tomorrow. I really can’t say much more, but it’s best to check in with us on the matter tomorrow.”

The RSR suspended Prasa’s safety permit in terms of Section 26 of the National Railway Safety Regulator Act, No. 16 of 2002 (as amended). Section 26 states that the CEO of the RSR may, with the approval of the Board, revoke or suspend a safety permit if the holder fails to comply with any conditions of the permit.

The RSR’s decision came as a result of the accident that took place on October 4, and was further informed by the fact that Prasa Rail cannot demonstrate that it has the ability, commitment and resources to properly assess and effectively control the risks arising from its railway operations.

Prasa was afforded 48 hours to wrap-up its operations and to inform all its customers, employees and contractors of the RSR’s decision to suspend its permit.

On Sunday, October 7, the Prasa Board sought an audience with the RSR Board, while filing court papers which were served to the RSR around 11:00, at the same time as the meeting.

The RSR was expected to file its answering affidavit by 13:00 on the same day. In light of the fact that Prasa had already made an urgent application to the High Court, the meeting could not proceed due to the impending court application.

The court considered the fact that the RSR was not afforded sufficient time to respond to the urgent application and granted the parties more time to file their papers including their heads of arguments.

Earlier this week, the Regulator commented: “The RSR remains concerned about the risks that permeate the system. These accidents, irrespective of the magnitude, point to major risks within Prasa’s operations and could have dire consequences.

“The Regulator is, therefore, unable to tolerate the continuation of unsafe practices within Prasa, considering that Prasa mainly serves the poorest of the poor, who have no alternative means of transport to travel to and from work. They should, therefore, not be made to choose between that and life.

“The RSR is committed to its mandate and will continue to ensure that safety remains central to railway operations at all times,” it concluded.