Survivors and relatives of victims of a 2021 insurgent attack in Mozambique have filed a complaint against TotalEnergies, alleging negligence and indirect manslaughter. The attack, carried out by Islamist insurgents in the port city of Palma, resulted in the loss of many lives in areas close to Mozambique LNG infrastructure projects, partially owned by TotalEnergies. The plaintiffs, including survivors and relatives of victims, claim that the company failed to inform subcontractors of the risks of possible attacks and did not have adequate safety or evacuation plans in place.
The complaint alleges that TotalEnergies did not provide proper information about the progress of the attacks, resulting in the lack of awareness among subcontractors. It further accuses the company of refusing a request for fuel, which led to the halt of a private security company’s helicopter that was rescuing people who had sought refuge in a hotel.
According to the plaintiffs, some subcontractors attempted to escape the hotel in a convoy of vehicles, which was then ambushed, resulting in several deaths. The survivors and relatives argue that TotalEnergies’ negligence contributed to the loss of lives in the attack.
TotalEnergies, however, denies the allegations, stating that it had a security plan in place and executed it during the attack. The company claims that all Mozambique LNG personnel, contractors, and subcontractors were evacuated, following the security plan that involved sheltering in place and evacuation by ferry.
Lawyers representing the plaintiffs argue that while TotalEnergies may not have directly caused the deaths, the company did not meet the expected diligence standards of a professional in terms of its responsibilities. They claim that a series of negligence by the company resulted in a situation that allowed the loss of many lives.
The case highlights the rare possibility of a company being indicted and prosecuted for indirect manslaughter. The survivors and relatives seek justice and hold TotalEnergies accountable for its alleged negligence in ensuring the safety of subcontractors involved in the Mozambique LNG infrastructure projects. Meanwhile, TotalEnergies asserts that the security situation in the region has improved and intends to restart the project before the year comes to a close.