Father wins Metrorail fight

Published Jun 18, 2009

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IN a major victory for Western Cape train commuters, a radical new safety plan for trains and stations is to be implemented and will be monitored by an oversight committee that will be set up before the end of August.

The committee will include at least two UCT academics and representatives from Metrorail, Cosatu, the police and the Rail Commuter Action Group (RCAG).

It was a bittersweet victory for Fish Hoek resident and RCAG founder, Leslie van Minnen, who has fought an eight-year battle to improve train safety after his 19-year-old son Juan was stabbed to death on a train in 2001.

The safety plan, some aspects of which have already been introduced, includes surveillance cameras on trains and at stations, more trains, more railway police and better train windows and doors.

Platform marshals at stations will ensure train doors are closed before departure while rubber gummies (safety guards) would be installed between coaches and new sliding mechanisms fitted to doors.

Also announced on Wednesday was a R25-million settlement between 51 complainants, all victims of either violence on trains or of accidents related to commuting, and the Passenger Rail Agency of SA (Prasa), formerly the SA Rail Commuter Corporation.

Van Minnen said 44 of the 51 plaintiffs had already been compensated and that actuaries were busy figuring out how much the rest should be paid.

Amounts paid to plaintiffs ranged from R200 000 to R45m.

"I'm happy. I think it is a fair settlement.

"We got about 99 percent of what we asked for.

"Part of this agreement is implementation of the safety plan - a very lengthy document looking at the entire safety and security of trains in the Western Cape.

"It ranges from operational security to how doors must close and what changes must be done at stations. Lighting, surveillance cameras - everything is in there. It's about keeping passengers safe - something we've always wanted," he said.

Van Minnen said there was no cut-off date for when safety measures should be applied and the committee will have a say in what was reasonably possible.

"It is an ongoing process. We'll monitor (it) all the time. All the criminal incidents on trains and all that data and information will be channelled through the committee."

In terms of on Wednesday's agreement signed by the RACG, Cosatu and Prasa, Prasa will, within three months, have to investigate the feasibility of formulating an insurance policy for rail commuters.

While Cosatu would be given a report on the inquiry, Prasa would set up offices where commuters' complaints and accident claims will be lodged.

Prasa chief executive Lucky Montana said: "The (rail commuter) environment has changed. About 3 000 railway police are now operational in the system and this number is to increase to 5 000 next year.

"We are building 24 police stations across the country at railway stations so people can go and report crime. We also have other initiatives, but the important one is investment. It is bold plan we are implementing," he said.

About 1 500 coaches were repaired last year and another 700 would follow this year.

"This is to make sure we have more than 2 000 coaches so people get more trains, and travel comfortably and safely," Montana said.

Lawyer for the plaintiffs Francois Theron said the committee would have a say on what was reasonable and could be done. "If they (Prasa) do not co-operate, we'll just go back to court. But a lot of progress has been made," he said.

Metrorail was forced to take action when in 2004 the Constitutional Court ruled that the SARCC had a duty to protect train commuters.

Cosatu provincial secretary Tony Ehrenreich said Wednesday's agreement had great significance for workers and their families, and was a victory in a campaign for safety on trains.

"The added provision of this agreement is that workers and community members who were hurt on the trains can now have their claims processed more speedily," he said.

Montana said: "It has been eight years of fighting in court, spending lots of money spending our energy on wrong things. We brought an end to that period."

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