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Liability of owner for costs of oil spill cannot be capped
The liability for the oil spill caused by the grounding of the 'Wakashio' on the Pointe d'Esny reef on July 25, 2020, cannot be capped. In a ruling issued on Feb 23, 2026, the Supreme Court decided a key issue: the ship's owner, Okiyo Maritime Corp., cannot limit its liability to damages related to the oil pollution. The shipowner had sought authorisation to establish a "limitation fund" — a mechanism provided for in the Merchant Shipping Act 2007 that allows a ship owner to cap their financial liability based on the vessel's tonnage. In this case, with a gross tonnage of 101,932 tonnes, the invoked ceiling amounted to approximately 12.7 million Special Drawing Rights (SDRs), an amount to be converted into rupees at the exchange rate applicable at the time the fund was established, or nearly Rs 720 million. In its affidavit, the company acknowledged that the grounding was caused by a navigational error or negligence on the part of the captain and/or crew members. It also admitted that approximately 4,000 tonnes of fuel oil were on board at the time of the accident. Despite pumping operations, during which nearly 2,700 tonnes were recoveredm a significant quantity spilled into the lagoon, causing major damage: destruction of coral reefs, contamination of mangroves, harm to marine life, and temporary disruption of fishing and tourism. The Mauritian State and several intervening parties opposed the request for an overall limitation, arguing that damages resulting from pollution could not be capped under any circumstances. The Court agreed with them on this point. It relied on Article 195(d) of the Merchant Shipping Act, which expressly excludes claims for "oil pollution damage" from any limitation. Arguments based on international conventions, particularly those concerning the limitation of maritime liability, were dismissed. The Court reiterated that Mauritius was a dualist state: international conventions only have effect if they have been explicitly incorporated into domestic law. However, Mauritian law, as drafted, indiscriminately excludes any limitation for damages due to hydrocarbon pollution, whether from cargo or bunker fuel. The Court authorised the creation of a limited fund for potential claims unrelated to the pollution, such as certain direct material damages caused to the reef by the initial impact or specific costs related to the removal of the wreck. The amount will be recalculated when the fund is actually established, with interest at the legal exchange rate, starting from July 25, 2020. A bank guarantee may be provided in lieu of a cash deposit.
Report: drunken captain, a distracted crew, and a flawed chain of commands caused grounding
A long awaited investigation report, published on Oct 2, 2025, has blamed human negligence and alcohol consumption for the grounding of the 'Wakashio' on July 25, 2020,off the southeast coast of Mauritius, causing the worst maritime environmental disaster in the country's history. The Court of Investigation highlights a series of human and institutional failures, exacerbated by alcohol consumption on board. The ship had on board nearly 3,800 tons of heavy fuel oil and 200 tons of diesel, when it ran aground on the reefs of Pointe-d'Esny, less than two kilometers from the shore, enroute from China to Brazil. The vessel was attempting to connect to the sister island's internet network. The watchdog officer, in charge of surveillance, had left his post. The 2nd officer, responsible for navigation, admitted to prioritizing family communications over maintaining the required watch. The Court's findings are unequivocal. The disaster was the result of a series of serious errors: improper use of electronic navigation instruments, and the absence of large-scale nautical charts. Above all, the investigation pointed to inappropriate alcohol consumption by the captain and his 1st mate. According to the report, four glasses of whisky were consumed on deck on the evening of the sinking, in violation of internal safety regulations. The captain even provided details, admitting to sharing two glasses of 40% alcohol Johnnie Walker with a crew member, before downing two more glasses on deck. The ship's data recorder confirmed that, shortly before the impact, the officers were discussing their phone connections and alcohol consumption, instead of focusing on navigation. Hoping to prevent future accidwents, the report recommended the establishment of a mandatory alert and notification system in the event of maritime drift. Above all, it outlines a culture of irresponsibility: a drunken captain, a distracted crew, and a flawed chain of command were enough to precipitate a disaster, which the authors readily compare to the major shipwrecks of the last century.
Police investigation into grounding ordered
More than five years after the grounding of the 'Wakashio on July 25, 2020, off the coast of Pointe-d'Esny, the Director of Public Prosecutions (DPP), Rashid Ahmine, ordered the opening of a police investigation into those responsible for monitoring the vessel before its grounding on Sep 19, 2025. The DPP's office confirmed that it received the full report from the Court of Investigation on Aug 11. After an analysis, the institution believed there was sufficient evidence to open an investigation. The Police Commissioner has been asked to launch the investigation without delay and to keep the DPP informed of its progress. In 2023, only a few excerpts of the report were submitted, with no legal action taken. Until now, only the 'Wakashio's crew had been held responsible. Captain Sunil Kumar Nandeshwar and his first mate were sentenced in 2021 to 20 months in prison for negligence before being repatriated. But the full report now pointed to possible institutional failures, particularly at the level of the National Coast Guard (NCG) and other bodies responsible for maritime safety. According to available information, officers on duty that day are expected to be heard first. The case is expected to be referred to the Central Crime Investigation Department.
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