Eleven fishermen presumed dead by Western Cape High Court after MFV Lepanto tragedy
|Published
The Western Cape High Court has declared that 11 fishermen who went missing at sea are presumed dead.
This is after their families and Sea Harvest’s Viking Fishing Division filed an application for an order to declare the deaths.
The fishermen are presumed to have drowned on May 18 when the hake deep-sea trawl vessel, MFV Lepanto sank about 350m into the ocean, off the coast of Hout Bay.
Nine people survived after being rescued on the fateful day.
According to court papers, at the time of their disappearance, the missing crew were employed by Viking in terms of temporary employment contracts.
“Viking brought the application to assist the missing crew's families to obtain a final order from this Court presuming the missing crew dead so that death certificates can be obtained from the Department of Home Affairs,” court papers read.
Judge James Lekhuleni said in his view it was extremely unlikely that the missing crew would have survived a swim to shore, particularly in the very cold water.
“It has been four months since the tragedy, and no one has seen them.
No sign of life was found during the search and rescue operation, and only a few pieces of debris were spotted and retrieved.
“The missing crew, in my view, disappeared at sea, an intrinsically dangerous area. They were involved in an occupation that endangered life. In my view, their disappearance at sea tips the scale in favour of granting the applicants' application,” said Judge Lekhuleni.
He said after considering the circumstances, their employment contracts, and the reports including from the National Sea Rescue Institute (NSRI) there was no purpose to further delay matters and incur further expenses associated with the publication and the second appearance of Counsel on the return date.
“The overwhelming evidence from the surviving crew is that after fishing operations were completed on May 17, 2024 the crew were working the fish away, and the Skipper was steaming.
“Their Vessel, suddenly listed to starboard, capsized and sank at the stern.
“Evidently, the missing crew were exposed to a dangerous and life-threatening accident. In my view, the probabilities are irresistible that the missing crew were sadly lost with the Vessel when it sank,” said Judge Lekhuleni.
Sea Harvest spokesperson Anthea Abraham said they approached the court as there were no physical bodies to prove death and the application was to assist the beneficiaries of the deceased crew members to obtain death certificates.
“Those family members nominated as beneficiaries by the deceased crew members prior to their death can now utilise the death certificate, which they will be able to obtain from the Department of Home Affairs,” said Abraham.
Cape Times