The 11 missing crew members who were among those onboard the Sea Harvest vessel MFV Lepanto, which sank in May near the coast of Hout Bay, were declared presumably dead by the Western Cape High Court.
This followed an application by Viking Fishing, a division of Sea Harvest and family members and widows of the men.
The missing crew who were found to have presumably died during the tragedy, are: Ashwell Solomon Peter Thompson, Christian Steven Kleinsmidt, Jeremia Coetzee, Jeremy Neil Minnies, Johan Faro, Marshall Titus, Mohammad Faadiel Groenewald, Wilfred Johannes Swiers, William Frank Boukers, Eusibio Cornelius Sias and Johnwill Leonard Issacs.
On May 17, the missing crew disappeared at sea when their vessel suddenly capsized and sank at 14h30 approximately 34 nautical miles off Hout Bay. At the time of their disappearance, the crew were employed by Viking in terms of temporary employment contracts.
Given that the missing crew were employed on board its vessel, Viking brought this application to assist the missing crew's families to obtain a final order presuming the missing crew dead so that death certificates can be obtained from the Department of Home Affairs.
The court was told that the crew set sail from Table Bay Harbour on May 14. The survivors of the tragedy on board the Lepanto reported that after the fishing operations were completed early afternoon on Friday, May 17, the crew were working the fish away, and the skipper was steaming.
The vessel thereafter suddenly listed to starboard, capsized and then sank at the stern. The surviving crew inflated one of the life rafts and made their way into it before the vessel sank.
According to the National Sea Rescue Institute's (NSRI) report issued in May and the South African Maritime Rescue Coordination Centre's (MRCC) June report, when this tragedy unfolded, the FV Armano was approximately one nautical mile away and saw the Lepanto vessel sink.
The FV Armano radioed the maritime centre a mayday for urgent help. This triggered an emergency response, with all vessels in the vicinity of the sinking vessel proceeding to the location of the casualty to carry out a search.
The MRCC provided the vessels with a search pattern and deployed life rafts and fishing boats in the area to search for survivors. More fishing vessels responded to assist with the rescue.
Later that afternoon it was reported that of the 20 total crew in the sinking vessel, nine had been recovered onto the FV Armano and 11 were still missing or unaccounted for.
The search for the missing crew continued diligently until May 18 by the MRCC and NSRI, but the missing crew were not found. The MRCC and NSRI reports show that an extensive search and rescue operation was activated following the Mayday relay received from the FV Armano.
At the hearing of this matter, the applicants' counsel urged the court to grant a final order so that the applicants can have closure. Counsel submitted that an interim order would lead to a delay in the registration and administration of the estate of the missing crew.
Counsel further submitted that this matter is different in that it is known that the missing crew died at sea, and it is unlikely that they are alive.
Judge James Lekhuleni noted that all fishing Vessels in the immediate vicinity of the Lepanto and helicopter services were utilised during the search and rescue operation. No sign of life for the missing crew was found during the search and rescue operation, and only a few pieces of debris were spotted and retrieved.
Despite an extensive two-day search and rescue operation, there was no sign of the missing crew.
The judge said a person's death is not presumed lightly, and it is thus required to look at all the facts. "The fact that a person disappeared in an intrinsically dangerous situation or area will usually tip the scale in favour of granting a presumption order that he is dead," Judge Lekhuleni said.
He commented that despite the extensive search at sea that lasted for two days, there was no sign of life for the missing crew. The overwhelming evidence from the surviving crew is that the vessel had capsized and sunk 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…."
The judge said the only reasonable conclusion to be drawn in the circumstances is that the missing crew perished at sea.
Pretoria News