A year after one of the country’s worst environmental disasters, the criminal investigation into Indian chemical giant United Phosphorus Ltd (UPL) is almost complete, according to government.
National department of environment, forestry & fisheries (DFFE) spokesperson Albi Modise told TimesLIVE Premium that on completion of the investigation, the docket would be handed to the director of public prosecutions to decide whether to prosecute.
July 12 marks a ear since the UPL chemical warehouse in Cornubia, north of Durban, was burnt to the ground by arsonists during the unrest, unleashing 5,500 tonnes of pesticides, solvents and other agrochemicals into the environment.
Beaches north of the city remained closed for more than three months after the toxic spill which contaminated the Ohlanga River and uMhlanga estuary.
Preliminary findings of a report into the spill, released by Barbara Creecy, minister of forestry, fisheries & environmental affairs, in October, found UPL was not in possession of the requisite environmental authorisation before establishing its operations three months before the incident.
The authorisation should have been obtained from the KwaZulu-Natal department of economic development, tourism & environmental affairs.
In addition, UPL failed to obtain a critical risk assessment or planning permission from eThekwini metro, in terms of the Occupational Health and Safety Act and relevant municipal bylaws.
Creecy said an independent team of investigators comprising environmental management inspectors from the national and provincial departments has initiated a criminal investigation in terms of the Criminal Procedure Act.
KwaZulu-Natal MEC for economic development, tourism & environmental affairs Ravi Pillay said findings would be made in court once the national director of public prosecutions (NDPP) makes a decision on whether to prosecute.
Pillay’s spokesperson Angel Sibisi said: “The Green Scorpions at the national department of the environment are investigating the matter in conjunction with the office of the national director of public prosecutions, who are providing guidance to the Green Scorpions. The provincial department of economic development, tourism & environmental affairs is assisting the Green Scorpions.”
Last week, for the first time, UPL met the multi-stakeholder forum (MSF), formed by Pillay in October to deal with issues around the chemical spill.
The 24-member committee previously raised concerns, saying UPL had been ignoring invitations to meet face-to-face.
In a statement UPL said it had been reluctant to formally engage the MSF, as the committee’s terms of reference had not been finalised by the MEC.
UPL expressed frustration at the enormous sums of money invested in clean-up operations and progress that had been made by its team of experts, which it said had not been adequately acknowledged.
“UPL expressed its concerns at biased reporting that did not reflect the substantial reduction of contaminants in the affected environments and the return of life throughout the impact zone. UPL recognised in principle the role of a stakeholder forum, but queried how the MSF would function within the statutory compliance processes, and what its powers and representativity would be.”
The MSF stressed the right of communities to know the risks to which they are exposed, and what steps are being taken in response, which is only achieved by inclusion in relevant decision-making.
“The MSF queried why UPL and the authorities have been reluctant to involve the MSF in the incident responses to date to the extent that they should have.”
After the engagement UPL and the forum agreed on the following:
- The terms of reference of the MSF would be revised to clarify the role of the MSF and to reflect the consensus reached at the meeting;
- The stakeholder base would be reviewed to ensure all stakeholders are represented, and would include landowners whose properties were contaminated in the incident;
- A presentation would be made to the MSF within the next month by UPL’s specialists, where the forum would be informed of progress in the incident response and be able to raise questions and obtain clarity.
- Further engagements will be discussed, including the manner in which the authorities, UPL and the stakeholders would interact to further progress towards a formal and acceptable strategy, which can be implemented urgently in the best interests of all affected parties.
In February Airshed Planning Professionals, a consulting company in Midrand, released a 322-page report which revealed that thousands of north coast residents, from Phoenix to Umhlanga had been exposed to hydrogen cyanide, hydrochloric acid and bromine, among other chemicals.
The report identified 62 chemicals possibly present in the smoke that spewed into the air when UPL’s 14,000m² warehouse in Cornubia was torched on the night of July 12 2021.
At the time of the fire the warehouse had been storing 4,362 tonnes of pesticides, 1,177 tonnes of combustible solids/liquids and 35 tonnes of solvents.
Earlier this year KZN police chief Lt-Gen Nhlanhla Mkhwanazi told the portfolio committee on environment, forestry & fisheries that it was difficult to determine if the attack on the warehouse had been planned before July 12.
“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 was it 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 portfolio committee said the UPL matter, including the status of the criminal investigation opened by the DFFE, remained an important issue and an oversight visit to UPL was in the pipeline.
“This area contains a mixture of heavy industry, chemical storage facilities, sewage works and a number of smaller industries which are in close proximity to residential areas. It is precisely for the UPL matter that the committee aims to go on an oversight visit to KwaZulu-Natal and once arrangements have been finalised the committee will advise accordingly.”
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.