On the 15th November, 2017 a Coastal Aviation scheduled safari left Arusha Airport heading to
the Eastern Serengeti (Seronera Airstrip) via Kilimanjaro International Airport where an
intermediate stop was made to load further passengers who had arrived on an international
flight, operated by Condor from Frankfurt, Germany. The aircraft departed from Kilimanjaro International Airport and tragically incurred a fatal incident at the Empakaai Area, beyond the scope of its pre-determined flight path, which should have taken it over Ngorongora Crater (not the Empakaai Crater). All on board sadly and tragically perished.
The then CEO of Coastal Aviation, Mr. Julian Edmunds, made numerous promises to the relatives of those who tragically passed away. Unfortunately, over two and a half years after the accident, with the exception of the final TCAA Report issued in November 2019, nothing substantive has transpired.
Donna Duggan began travelling to Tanzania in the mid-90’s before returning to her home town
of Brisbane for her Bachelor of Nursing degree, always with a view of returning to offer help
where needed in Tanzania; a country that stole her heart. In 2004, when on a volunteer nursing
placement in village clinics around Moshi assisting with childhood immunisation, HIVeducation and women’s health initiatives, she met and fell in love with her neighbour, ‘WildNas’.
He was charismatic, charming, hardworking and a true visionary – and for him as he would recall later to Donna’s mother – it was love at first sight. She later married her now deceased husband, Naseeb Mfinanga. Both Naseeb and Donna went on to establish the popular Maasai Wanderings and Nasikia Camps, from a loan granted by Donna’s parents in Brisbane, Australia, and later partnered with Andrew Shapland, Chief Executive Officer of Tourism Corporation Africa (www.tourismcorp.co.za) – an environmental conservation organization, leading businessman and African travel guru, to create a strong brand in African tourism.
Naseeb was one of the passengers onboard the ill-fated flight. He left behind two young children
– Rami and Eisha, as well as his beloved wife Donna, to fend for all.
In the interest of achieving justice and fair compensation for the loss of Naseeb, a father of two
and beloved husband who supported his wife and children, a number of law firms both international and local, have been involved. Following a private report and investigation still
ongoing by highly accredited South African experts from military and commercial sectors, new
factors have come to light, warranting further investigation. The investigation team is led by
Alex MacPhail, Francois Allison and Kevin Donnellan. The team comprises of highly skilled aviation investigator qualified in the USA, a commercial and military pilot, flying instructor, as well as a pilot from the commercial and military sectors, with great deal of experience in the Cessna Grand Caravan 208B, the plane that incurred the fatal incident.
Motivated by the desire for justice and accountability, Andrew and Donna believe Coastal
Aviation must be held accountable in a court of law. Further, they feel that Coastal Aviation and
its senior management have inexcusably failed to give the families of those who passed any sense
of dignity or due care. A Plaint was preferred to the High Court of Tanzania in November 2019,
a few days prior to the second anniversary of the aircraft’s fatal crash. Coastal Aviation and their
respective insurers have been informed through their Dar based lawyers.
On the legal front, Hallmark Attorneys (www.hallmarkattorneys.co.tz) a reputable Dar based law firm has therefore been appointed to join this drive for justice. The team shall be led by none other than Senior Counsel Walter Chipeta, a counselor at law, a highly skilled litigator and dispute resolution expert. Walter is an advocate of the Court of Appeal of Tanzania, the High Court of Tanzania and Courts subordinate thereto, with over 22 years of legal practice and remarkable trial experience, both in Tanzania Mainland and in Zanzibar Island.
Talking of the recent change-of-guard on the legal side, Andrew and Donna stated: “We both felt
that Walter commanded the skills set to put this case on track and to ensure, as we have always required, justice is achieved by identifying what led to this accident and ensure that if it were avoidable, those that are at fault, face the full force of the law for what happened on that dreadful day. Also as we navigate a new channel and chapter in our lives we feel the children and Donna should be suitably compensated.
Sadly, we are of the opinion that the case has neither been managed with integrity nor accountability on the part of Coastal Aviation. Walter and his firm, with our support, will strive for justice and for what Naseeb would have required of us were he alive today.”
Since the accident, against all odds, Donna Duggan, her team, jointly with Andrew Shapland
have ensured that both Maasai Wanderings (www.maasaiwanderings.com) and Nasikia Camps
(www.nasikiacamps.com) remain leaders in tourism in East Africa. They often refer to the whole
incident as a surreal “Out of Africa” experience, which to date it most certainly has been. Sadly
however nobody is able to achieve what Naseeb would have, would he have been alive today,
as indeed he should be; nobody can replace the love and care he provided for Donna, Rami and
Eisha, as well as many communities in Tanzania.
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