Johannesburg High Court judge Fayeeza Kathree-Setiloane has opened up about how cancer has ravaged her life. Kathree-Setiloane said this in a heartfelt apology, issued for handing down a judgment late.
The revelation is contained in a judgment for a case involving a man who is suing the Passenger Rail Agency of South Africa (Prasa). Lebogang Chauke had alleged that his arms and legs were amputated after he fell under a moving train. He had taken legal action against Prasa.
She and husband were diagnosed with cancer months apart
Kathree-Setiloane penned that the case had been delayed after she fractured her right hand in December 2023. In January 2024 she was diagnosed with cancer. She then had to undergo cancer treatment in February and March. While under treatment, her husband, prominent business executive Thero Setiloane, was also diagnosed with pancreatic cancer. He passed away on May 1.
Meanwhile, in the court case, Chauke took action for damages following a train incident. He was purportedly pushed out of a moving train at the Vereeniging railway station in June 2014.
Chauke had boarded the train. While inside the train, there was a stampede. In the stampede, he was pushed through the open doors of the train while it was in motion. He fell under the train and sustained severe injuries. The injuries were so bad that his left leg and left arm had to be amputated.
Dismissed the damages case brought against Prasa
“In my view, it was objectively impossible for a stampede to have occurred by virtue of the turn-around or change-over of the driver and the train guard that occurred at Vereeniging Station.
“On the undisputed evidence, the train was approximately 300 metres long. And the changeover took between five and eight minutes. In light of the time it took to complete the turnaround, it is highly improbable, if not impossible, that a stampede as described by the plaintiff would have occurred,” reads the judgment.
The judgment further stated that Chauke has failed on his part. He failed to prove on a balance of probabilities that Prasa is liable for the alleged damages suffered. …This because of an incident that occurred in June 2014. Chauke’s claim was dismissed with costs, including those of two counsel where such were employed.
