Viking Fishing A Division of Sea Harvest Corporation (Pty) Ltd and Others (AC16/2024), Ex parte [2024] ZAWCHC 283 (30 September 2024)

Viking Fishing A Division of Sea Harvest Corporation (Pty) Ltd and Others (AC16/2024), Ex parte [2024] ZAWCHC 283 (30 September 2024)

The court found that the eleven missing crew members were last seen on board the mfv Lepanto when it capsized and sank at sea, and despite extensive search and rescue operations, no sign of life or bodies was found. The circumstances of their disappearance were extremely dangerous, and the passage of four months without any sightings or evidence of survival made it overwhelmingly probable that they perished at sea. The evidence presented, including crew lists, employment contracts, and official rescue reports, satisfied the requirements for a presumption of death order. The court concluded that granting a final order was justified and that further delay through a rule nisi would serve no...

Citation
[2024] ZAWCHC 283
Parties
Applicant: Viking Fishing A Division of Sea Harvest Corporation (Pty) Ltd; Applicant: Anthea Melisa Thompson; Applicant: Gail Charleen Kleinsmidt; Applicant: Lyle Lilian Coetzee; Applicant: Alison Minnies; Applicant: Gertrude Faro; Applicant: Elmina Tatum Titus; Applicant: Faieke Charles; Applicant: Jenobia-Lee Swiers; Applicant: Veronica Frances Boukers; Applicant: Edine Benelize Sias; Applicant: Lena Issacs
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
30 September 2024
Case Number
AC16/2024
Procedural Posture
Urgent Application / Ex Parte Application for Presumption of Death
Outcome
Final order granted: the missing crew listed are presumed to have died at sea on 17 May 2024.
Judges
Lekhuleni
Legal Topics
Presumption of Death, Admiralty Jurisdiction Regulation Act, Maritime Claim, Missing Persons, Death Certificates
Admiralty and Maritime Presumption of Death Admiralty Jurisdiction Regulation Act Maritime Claim Missing Persons Death Certificates

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Parties

Viking Fishing A Division of Sea Harvest Corporation (Pty) Ltd

Applicant

Anthea Melisa Thompson

Applicant

Gail Charleen Kleinsmidt

Applicant

Lyle Lilian Coetzee

Applicant

Alison Minnies

Applicant

Gertrude Faro

Applicant

Elmina Tatum Titus

Applicant

Faieke Charles

Applicant

Jenobia-Lee Swiers

Applicant

Veronica Frances Boukers

Applicant

Edine Benelize Sias

Applicant

Lena Issacs

Applicant

Procedural Posture

Urgent Application / Ex Parte Application for Presumption of Death

Legal Issues

  1. 1 Whether the court should presume the death of the eleven missing crew members of the mfv Lepanto who disappeared at sea on 17 May 2024.
  2. 2 Whether the evidence presented satisfies the legal requirements for a presumption of death order under admiralty jurisdiction.

Ratio Decidendi

The court found that the eleven missing crew members were last seen on board the mfv Lepanto when it capsized and sank at sea, and despite extensive search and rescue operations, no sign of life or bodies was found. The circumstances of their disappearance were extremely dangerous, and the passage of four months without any sightings or evidence of survival made it overwhelmingly probable that they perished at sea. The evidence presented, including crew lists, employment contracts, and official rescue reports, satisfied the requirements for a presumption of death order. The court concluded that granting a final order was justified and that further delay through a rule nisi would serve no...

Court Disposition

Final order granted: the missing crew listed are presumed to have died at sea on 17 May 2024.

Orders

  • The missing crew listed in the application are presumed to have died at sea on 17 May 2024.