Two Lake Kariba residents take Government to court over water transport crisis

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Kariba Correspondent

Two Lake Kariba residents have approached the High Court seeking an order compelling the Government to provide adequate and safe water transport following the capsizing of the Mbuya Nehanda ferry, which claimed 97 lives.

Fisherman Tonderai Ndevani, and Chilumbo Mudenda filed an urgent application at the Chinhoyi High Court against the Minister of Transport, the Rural Infrastructure Development Agency and the Minister of Local Government.

The applicants argue that the Government’s response to the disaster — the introduction of a privately owned 60-seater vessel, the MV Silverstone — is inadequate to meet the transport needs of communities around Lake Kariba.

They say the affected area has a population of more than 45,000 people and that the ferry disaster disrupted what was previously an important and affordable link between Kariba town, rural Kariba and parts of Binga.

In his affidavit, Ndevani said the lack of adequate water transport has placed an additional financial burden on residents who depend on the lake for travel.

He said a trip by water to visit family in Mola previously cost about US$15 and took approximately three hours, while travelling by road can cost up to US$45 and take as long as 10 hours, depending on the availability and reliability of transport.

“I cannot afford the fare to travel by road,” Ndevani said in his affidavit.

The applicants further argue that the shortage of vessels could create conditions that encourage operators and passengers to overload boats because of limited transport options.

They contend that the Government has a constitutional obligation to ensure safe and accessible transport for communities that depend on Lake Kariba.

The applicants argue that the failure to provide adequate public water transport infringes their constitutional rights, including the right to dignity and freedom of movement.

They are asking the High Court to compel the Government, as an interim measure, to deploy sufficient and safe ferries that comply with the Inland Waters Shipping Act.

They are also seeking longer-term measures to establish a reliable public water transport system serving communities around Lake Kariba.

The case comes against the backdrop of the Mbuya Nehanda ferry disaster, which has intensified calls for improved safety and transport infrastructure on Lake Kariba.

The ageing Mbuya Nehanda ferry capsized on Lake Kariba, killing 97 people in one of Zimbabwe’s deadliest maritime disasters.

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