Was the United Phosphorous Ltd (UPL) chemical warehouse in Cornubia, north of Durban, a planned target during the unrest that swept through parts of KwaZulu-Natal in July last year?
Police simply do not know almost seven months later.
KZN Lt-Gen Nhlanhla Mkhwanazi told the portfolio committee on environment, forestry and fisheries on Tuesday that it was difficult to determine if the attack on the warehouse was planned before July 12 when it was set alight.
“We know there were people who had intention to go into UPL. They broke in and they burned it. So was this break pre-planned or it was something decided on the spot? It’s going to be difficult to say.”
“Makro is right next to UPL and Cornubia Mall. Police were there protecting Makro and the mall. Perhaps the people wanted to break in to get food but were frustrated that we were there, so they relieved their anger on UPL. Or maybe they broke in hoping there was something they could take. This is all part of our investigation,” he said.
The committee heard that the arson case and the one against UPL for allegedly contravening environmental regulations were “progressing well”.
However, Mkhwanazi could not provide a timeline for when the arsonists would be brought to book or if UPL would be charged for the alleged contravention.
“The timeline is going to be difficult because various departments are involved. We have to get reports in terms of the fire, what caused the fire, how it started, in terms of who broke in and started the fire.
“In terms of the storage of those items inside the warehouse in the case that the environmental department has opened against UPL, it is also going to require a lot of experts to fully investigate the charges. We are guided by various institutions. It is difficult to give timelines because we can only effect arrests once the investigations have been completed and we are satisfied with the cases that we bring before court,” he said.
The report-back to parliament came a day after a deep dive into the civil unrest by a panel of experts appointed by President Cyril Ramaphosa and headed by Prof Sandy Day found that police were out of their depth in responding to the riots in July last year.
Firemen fought the blaze for 10 days as it gutted the 14,000m² warehouse and burnt thousands of tons of chemicals. It was “the most serious environmental catastrophe in recent times”, according to environment minister Barbara Creecy.
UPL on Tuesday said it provided the department with extensive information on the progress of the cleanup, remediation, rehabilitation and monitoring efforts to date.
UPL SA spokesperson Japhet Ncube said the company was pleased that the current data presented to the department revealed its extensive cleanup and rehabilitation operations were showing success in many areas.
“New information based on the results of monitoring efforts by the independent experts shows improvements in terms of possible issues that would be of concern at present vs when the incident happened. These positive outcomes are notable for the beaches and seawater, the estuary, Ohlanga River, the warehouse platform and the pollution control dam. Another positive aspect to note is the rapid fall in the concentration of detected pesticides.
“Furthermore, independent experts have been monitoring for possible acute and chronic public health risks associated with the spill. Analysis from November 2021 showed there were no reports of acute or chronic public health issues from surrounding communities. Experts are also awaiting the outcomes of a broader health risk assessment and monitoring in terms of human health will continue,” said Ncube.
Ncube said to date UPL had spent over R300m to mitigate the impact of the chemical spill.
“These efforts have included the appointment of numerous leading independent experts and specialists as well as two spill response teams. During the first two and a half months after the attack there were about 130 people working at the spill site 24 hours a day, seven days a week.”
“The teams have removed significant volumes of contaminated sediment and water from the Ohlanga tributary and its banks. The operation has also included reworking the tributary channel in some areas and the formation of sinuous channel sections to accelerate the natural breakdown of any remaining residual products.
“Further soil samples were taken on February 2 with the aim of assessing the best way forward in terms of revegetation. Trials are being established to assess the best plants to use in the initial vegetation rehabilitation and the independent experts are aiming to set up a nursery on site, which will allow for the propagation of plants indigenous to the area.”
Rico Euripidou, of environmental justice organisation Groundwork, told the committee the impact on public health was not adequately addressed.
“At the time of the incident we were concerned about the public health response relative to the human and environmental health risks. There was no disclosure about the type and quantity of the chemicals in the fire until at least seven days after the incident. Following this the public health advice communicated to the public was not commensurate with the risks.
“The complaints system in place was not adequate to capture health impacts in the acute phase of the incident. During the incident no public health clinic or health services were provided to communities most in need,” he said.
Euripidou said once the extent of the chemicals inventory was known, Groundwork was still concerned that a multi-agency surveillance system had still not been put in place to follow up on acute and chronic complaints and to monitor for longer term chronic health impacts.
“No information on air-quality dispersion modelling or any other special report was shared with the public. This is important for determining the extent and spread of the chemical contamination. To our knowledge no official request for specialist assistance from experienced global public health experts has been sought. This is a really important element of responding to complicated chemical incidents where public health impacts beyond the incident may be necessary.
“To date we are really concerned about the lack of transparency and participation of civil society in managing this chemical incident because this is a fundamental tenet of sound chemicals and waste management enshrined globally,” he said.
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