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• August 20, 2012
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Chivero boat disaster crew jailed, owner cleared

Innocent Ruwende Senior Court Reporter
THREE crew members of the overloaded boat which capsized, killing 11 children in Lake Chivero on Christmas Day last year, were yesterday each jailed for five years for culpable homicide, while the owner was acquitted on a technicality.

The driver was not licensed while all passengers had no life jackets when tragedy struck.
Boat driver Enock Yolani Zulu (36), and crew members Fadil Ramon Weale (27) and Joseph Abrahams (37) were convicted, despite having pleaded not guilty to 11 counts of culpable homicide when their trial opened before magistrate, Mr Tendai Mahwe.

The State, however, said it will contest the acquittal of the boat owner, Latif Ameer (53).
The State argues that Zulu subverted justice by exonerating Ameer.

Mr Mahwe convicted the boat crew on the strength of overwhelming evidence.
He, however, cleared Ameer of all the counts to the chagrin of parents and relatives of the children who perished in the disaster.

Some of the parents wept and walked out of the courtroom when judgment was passed.
The boat owner was acquitted on the basis of Zulu’s testimony that was riddled with inconsistencies.
Zulu said Ameer had authorised him to drive his boat, but later made a U-turn, saying the boat owner’s mechanic, who appeared to be drunk, had authorised him.