Environmentalists in Durban have hailed as a breakthrough the criminal investigations launched against Indian-owned chemical company UPL that is linked to a huge chemical spill that killed tonnes of fish and destroyed other marine life near the protected Umhlanga lagoon.
On Thursday, KwaZulu-Natal MEC for economic development, tourism & environmental affairs Ravi Pillay announced the criminal case against the company.
“A criminal charge has been laid. There will be administrative action in terms of the [National Environmental Management] act that will continue and we are not ruling out even civil litigation,” Pillay told a conservation and environmental affairs portfolio committee meeting.
“It is an environmental disaster. We can’t reverse it. We can try to mitigate the impact of it and shorten the long-term recovery period.”
UPL, whose headquarters is in India, has refused to disclose what substances were stored at the facility, prompting a group of 11 concerned stakeholders to file an application under the Promotion of Access to Information Act (PAIA). On Thursday, the company refused to comment.
Environmentalist Desmond D’Sa from the South Durban Community Environmental Alliance (SDCEA) said the case was good news for all concerned about the environment.
The spill contaminated the Ohlanga River and uMhlanga Estuary that leads to the sea. Authorities closed the beaches as a precautionary measure as it was not known how far the contamination had spread, what chemicals had leaked into the sea and what effect it would have on the human health.
“It was a toxic spillage. We will join the case as a friend of the court. We want the company to be held accountable,” D’Sa said.
“This is a significant development and sends a clear message to the captains of industry that they will be held accountable. This also assists in our repeated calls for action in the south of Durban for 26 years.”
SDCEA was on the scene and witnessed first-hand the disaster. Tonnes of dead fish washed up in the vicinity of the lagoon and the estuary. They took samples of the water at the estuary, which had high levels of toxic chemicals harmful for human and marine life. There was a thick blanket of hazardous smoke for kilometres. Locals would have inhaled harmful emissions, he said.
“There needs to be an integrated government-led approach to these matters. It comes at a time when the old chemical industry and fossil fuels industry are under the cosh and thousands of jobs have been shed. It’s an important development to educate and provide the courts with a better understanding of environmental issues,” he said.
Durban Chamber of Commerce and Industry CEO Palesa Phili said she had received several complaints from the hospitality industry about the spill’s effect on the tourism industry in the vicinity.
“Hotel occupancies have been negatively impacted due to the closure of the beaches. Tourists want to be on the beaches, especially now that the holidays are around the corner,” said Phili.
EThekwini Municipality spokesperson Msawakhe Mayisela said all beaches north of the Umgeni River up to Tongaat River remain closed. Authorities are appealing to the public to refrain from any beach activities until the water quality is deemed safe.
“The closure of the beaches follows the chemical spill that occurred during the unrest in July when the chemical warehouse in Cornubia was set alight. We are awaiting the results of test samples. Authorities will then reassess the beach closures and related activities.”
Heinz de Boer, DA spokesperson on economic development, tourism & environmental affairs in KwaZulu-Natal said: “The cat and mouse game that UPL has engaged in — with both provincial authorities and the public — should come to an end, following the laying of criminal charges.
“This is sure to be the first of many criminal and civil claims against the company.... The charges come after UPL has continued to provide unsatisfactory reports and remedial actions according to provincial environmental affairs official.”
Samples to test the water and sediments to determine toxicity continue to be taken. The water in the Ohlanga River and Umhlanga Estuary is deemed toxic due the chemicals in the water and biodiversity system. Fences have been erected and guards have been placed in the area to keep the public out.
Mayisela urged the public to refrain from all recreational beach activities, including fishing, surfing, swimming and bait collecting. The harvesting of any marine resource in the area was temporarily prohibited as people could have been exposed to toxic chemicals.
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