Inquiry mooted for boat tragedy

Maritime authority recommends marine court seeks answers over Maredon capsizing, grounding

ACOURT of marine inquiry could be on the cards to establish what led to the fatal Maredon chokka boat accident in which nine fishermen died. This comes after the maritime authority requested an inquiry be held into the incident in which the boat capsized and ran aground off Cape St Francis on July 16.

Of the 16 fishermen aboard the ship, seven managed to make it to shore alive, three are still missing and declared dead, while the bodies of six others were found between Cape St Francis and the Wild Coast.

The South African Maritime Safety Authority (Samsa) confirmed its probe into the cause of the incident had been completed and sent to Transport Minister Joe Maswanganyi’s office for a decision.

Despite this, police said their probe was ongoing and that the chance of anyone being prosecuted was unlikely.

Samsa Centre for Shipping executive head Captain Nigel Campbell said their investigation was finished and a report had been sent to Maswanganyi recommending a court of marine inquiry be held.

“The process is now in the hands of the Department of Transport and we are not in a position to comment further,” he said.

In terms of the regulations, Maswanganyi is the only person who can order such a court inquiry.

The Transport Ministry, however, remains mum on what the report has uncovered. Several attempts to get clarity from Maswanganyi’s office were unsuccessful.

A marine inquiry has no jurisdiction to impose criminal sanctions or award civil damages but does have the power to impose an administrative fine not exceeding R2 000.

The court can, however, in certain circumstances, suspend or cancel the certificate of competency of a captain or crew member of a vessel involved in an incident.

The Maredon owners, Balobi Fishing Company, are based in Port St Francis. Managing director Mark Rowe said their internal investigation was still under way.

“We too are still trying to determine what exactly happened. We are still busy investigating it from our side,” he said.

Asked about the marine inquiry, Rowe said they were aware of the inquiry and welcomed it.

“This was a very serious incident and there was loss of life. The inquiry is for a maritime court to gather details from all parties involved.

“The purpose is not to apportion blame but to get facts on what happened so that future incidents can be avoided,” he said.

“The court does involve an appointed judge and so on.”

With regard to the families of the nine dead fishermen, Rowe said several benefits and claims had been paid out to these families.

“This includes provident funds and funeral policies as well as life benefits. We also assisted the families submitting their workman’s compensation claims.

“This ensures that the children, until 18, and the wife, until she dies, will get a monthly stipend from the compensation fund,” he said.

Rowe estimated total payment to each family to be about R65 000.

Asked about future plans, Rowe said they were already building a new boat that was due to be in the water by April.

This will boost the number of fishing vessels owned by Balobi to 15.

Police spokesman Sergeant Majola Nkohli said their inquest investigation was still under way but the actual cause of the incident was under Samsa’s mandate.

“At this stage, there is nothing that suggests a possibility of instituting criminal charges against anyone, and the report from Samsa is still outstanding,” he said.

Nkohli said the three fishermen whose bodies had never been found were presumed drowned.

Of the six bodies found, Euan Kriel, 31, was found on the rocks near the wreck. Sihle Dlamini, 39, was found off Kini Bay.

Mvelisi Elliot Ncanywa, 40, and Paseka Pike, 39, were found on the shore near the Beachview Resort. Mbongeni Gift Zulu, 43, was found near Blue Horizon Bay, and Olion Mndaweni, 50, was found at Mzamba close to Port Edward.

Transport Ministry spokesman Ishmael Mnisi did not respond to inquiries.