Supreme Court Rules on ‘Wakashio’ Oil Spill Liability
The Supreme Court of Mauritius has ruled that Okiyo Maritime Corp., the owner of the grounded vessel ‘Wakashio,’ cannot limit its financial liability for the oil spill caused by the incident on July 25, 2020. This decision, issued on February 23, 2026, clarifies that damages related to oil pollution cannot be capped under any circumstances. The ship ran aground on the Pointe d’Esny reef, resulting in a significant environmental disaster.
The company had attempted to establish a “limitation fund,” allowed under the Merchant Shipping Act 2007, to cap its liability based on the ship’s tonnage. With a gross tonnage of 101,932 tonnes, the shipowner aimed for a ceiling of approximately 12.7 million Special Drawing Rights (SDRs), equivalent to nearly Rs 720 million. However, the court’s ruling emphasized that the Act explicitly excludes oil pollution damage claims from any limitation, siding with the Mauritian State and other intervenors who opposed the cap.
The court acknowledged that the grounding was due to navigational errors or negligence by the crew. Around 4,000 tonnes of fuel oil were on board at the time of the accident, and despite efforts to recover nearly 2,700 tonnes, a considerable quantity spilled into the lagoon, causing extensive damage to coral reefs, mangroves, and marine life, along with disrupting local fishing and tourism activities. While the court permitted the creation of a limited fund for claims unrelated to pollution, it stressed that any damages from hydrocarbon pollution cannot be limited under existing Mauritian laws.
Investigation Reveals Human Error in ‘Wakashio’ Grounding
A comprehensive investigation report released on October 2, 2025, has identified human negligence and alcohol consumption as key factors in the grounding of the ‘Wakashio.’ The ship was transporting nearly 3,800 tons of heavy fuel oil and 200 tons of diesel when it struck the Pointe-d’Esny reefs, approximately two kilometers from shore, while en route from China to Brazil. The vessel’s crew was reportedly distracted by attempts to connect to the internet on a nearby island.
The investigation highlighted a series of failures, including the ship’s watch officer leaving his post and the 2nd officer prioritizing personal communications over navigation. The report pointed out that inappropriate alcohol consumption was rampant among the crew. Specifically, the captain and the 1st mate consumed multiple glasses of whisky on deck, violating safety regulations. The ship’s data recorder confirmed that instead of focusing on navigation, the crew was discussing their phone connections and alcohol use just before the grounding.
To prevent similar incidents in the future, the report recommended implementing a mandatory alert system for maritime drift. It underscored a troubling culture of irresponsibility within the crew, with the captain’s intoxication and a distracted crew leading to one of the worst maritime environmental disasters in Mauritian history.
Investigation Reveals Shocking Failures in Wakashio Oil Spill Disaster
Police Investigation Ordered Following ‘Wakashio’ Grounding
On September 19, 2025, the Director of Public Prosecutions (DPP) of Mauritius, Rashid Ahmine, announced the opening of a police investigation into the grounding of the ‘Wakashio.’ This decision follows the submission of the complete investigation report on August 11, 2025, which revealed sufficient evidence to warrant further inquiry into the actions of those responsible for monitoring the vessel.
Previously, only the ship’s captain and first mate had faced legal consequences for their negligence, receiving sentences of 20 months in prison in 2021. However, the new report indicates potential institutional failures, particularly involving the National Coast Guard and other maritime safety authorities. The investigation will initially focus on the officers on duty at the time of the grounding, and it is expected that the case will be referred to the Central Crime Investigation Department for further action.
