Kariba Residents Compel ZW Govt Ferries After Disaster

• Two Kariba residents have filed an urgent High Court application demanding the Zimbabwean government provide safe and adequate ferry services on Lake Kariba.
• This legal action follows the Mbuya Nehanda ferry disaster on August 11, which claimed 97 lives and exposed a critical transport gap.
• The applicants seek an order compelling the Minister of Transport, RIDA, and the Minister of Local Government to ensure ferries comply with the Inland Waters Shipping Act.
• They argue the current private vessel, MV Silverstone, is insufficient to meet the demand previously served by the government-operated Mbuya Nehanda.
• The lawsuit highlights the severe impact on isolated communities, for whom the ferry was the only affordable and timely transport option.

The core of their argument is that the government's failure to adequately replace the ferry, previously operated by the Rural Infrastructure Development Agency (RIDA), has left local communities reliant on either an insufficient private vessel or a significantly more expensive and time-consuming road alternative.

Two residents of Kariba, Tonderai Ndevani and Chilumbo Mudenda, have initiated an urgent legal application in the High Court sitting in Chinhoyi. Their petition seeks a court order compelling the Zimbabwean government to ensure the provision of adequate, safe, and reliable ferry services across Lake Kariba. This legal challenge comes just weeks after the tragic Mbuya Nehanda ferry disaster, which resulted in 97 fatalities.

The core of their argument is that the government's failure to adequately replace the ferry, previously operated by the Rural Infrastructure Development Agency (RIDA), has left local communities reliant on either an insufficient private vessel or a significantly more expensive and time-consuming road alternative. The applicants have named the Minister of Transport and Infrastructural Development, the Rural Infrastructure Development Agency (RIDA), and the Minister of Local Government and Public Works as respondents in their suit.

The legal action directly follows the Mbuya Nehanda incident on August 11, when the government-operated ferry capsized near Long Island on Lake Kariba while en route from Kariba to Chalala. This event stands as Zimbabwe's deadliest ferry disaster. Initial reports indicated 114 adults and five crew members were aboard, alongside an unspecified number of children, though subsequent investigations suggested the vessel might have been carrying substantially more passengers than its authorized capacity of 90. The death toll ultimately reached 97, with police continuing efforts to identify victims in the aftermath.

The Mbuya Nehanda had been a vital transportation link for the isolated communities surrounding Lake Kariba. Its loss has not only created a severe transport crisis but, according to the applicants, has also exposed residents to the risk of further tragedies if the available ferry capacity continues to fall short of demand.

The applicants are seeking a court order that mandates the respondents to provide ferries that adhere strictly to the safety requirements stipulated by the Inland Waters Shipping Act. Furthermore, they demand that the respondents submit monthly reports to the court, detailing the progress made in procuring or providing replacement ferry services.

Ndevani, a 39-year-old fisherman residing in Batonga Township, Kariba, whose parents and two siblings live in Mola under Chief Mola in rural Kariba, highlights the personal impact of the ferry crisis. He previously relied on the ferry for weekly visits to his family and for his fishing business, describing it as the only affordable and reasonably expedient mode of transport between Kariba town and Mola. A ferry journey typically took two to three hours and cost between US$10 and US$15. The alternative road route, traversing from Kariba to Karoi, then Siakobvu, and finally Mola, costs US$40 to US$45 one way and extends to approximately 10 hours, with unreliable public transport options between Siakobvu and Mola. Ndevani emphasizes that he cannot afford the significantly higher road fare and the extended travel time.

Ndevani notes that the government has not introduced any replacement ferry since the Mbuya Nehanda capsized. While a private operator, Most High Ferries, launched the MV Silverstone on September 18 to serve the Kariba-Chalala route, the applicants contend that this vessel is inadequate to meet the substantial demand previously handled by the government-operated Mbuya Nehanda. The ferry service is crucial for communities that have historically depended on it for connectivity, and the current inadequacy exacerbates their isolation and transport challenges.

This urgent application could establish a precedent for public interest litigation compelling government agencies, like RIDA, to adhere to safety regulations under statutes such as the Inland Waters Shipping Act. Lawyers and compliance officers should monitor the outcome for implications on state liability and public service provision standards.

Source: Original reporting via local sources