Indian agrochemical firm United Phosphorus Limited (UPL) SA has boycotted the launch of a multi-stakeholder forum that would ultimately pronounce on its role in the toxic spill that contaminated the Ohlanga River and uMhlanga Estuary.
The river leads to the sea near the upmarket Umhlanga tourism hub in Durban.
Environmentalists described the spill as a disaster that had destroyed generations of marine life in the protected estuary and also affected the health of communities in nearby areas. The beaches remain closed to the public and is affecting the local tourism industry.
UPL’s Cornubia warehouse was set alight and looted during the civil unrest in July. The forum has the backing of the provincial and national departments.
The objective of the committee, besides dealing with the UPL matter, is to also put in place a long term stakeholder forum to look at all incidents of this nature.
UPL’s legal team has written to the KwaZulu-Natal department of economic development, tourism and environment indicating why it would not attend the launch. It has huge concerns around the terms of reference of the forum.
“UPL expressed its frustration that the draft terms of reference was sent out for public comment without any prior consultation with UPL, and that since receiving UPL’s letter of concerns regarding the forum there has been no further engagement at all. In launching the forum without resolving its terms of reference, the impression has been created that UPL has accepted the proposals contained in these draft documents, when that is not the case,” said spokesperson Japhet Ncube.
“UPL has in all of its communications expressed its support for a forum that will enable stakeholders to be informed and express their concerns. It is committed to transparency and openness and is more than willing to work with government and stakeholders following the arson attack on its leased Cornubia warehouse.” However, it has objected to the “overly broad” mandate that was proposed for the forum and the “extensive powers” accorded to it.
It is also questioning the set-up of the committee and its role in relation to the legislation.
UPL said it believed that the terms of reference of the forum went well beyond the specific actions the department is empowered to take under section 30 of the National Environmental Management Act.
“UPL has also ensured an open line of communication with government authorities since the arson attack, which has included keeping them informed of its efforts to mitigate the impact of the chemical spill.”
He said it has provided weekly reports to all three spheres of government on its extensive clean up and rehabilitation operations, which have cost R250m to date, Ncube said.
Well-known environmental lawyer Jeremy Ridl is convenor of the 10-person interim committee which has authority to access documentation of the UPL explosion and fire.
“Our role is not restricted to the UPL issue but may involve other entities. The committee is expected to sit for as long as it takes to monitor the situation,” he said.
“We are aware that UPL was not part of the discussions but it does not mean they will not participate. We do know that they are also concerned about the terms of the committee and the ‘pollute and pay’ principle which may mean that they will have to foot the bill for the structure and the work to be undertaken.”
Ridl said the forum is a ground breaking initiative for the province. It is a consultative forum that allows for the public to be kept informed on all matters and decisions affecting their communities. One of the major stumbling blocks in this matter thus far is that the public has not been able to access the information.
“Most importantly the public can now through the forum make participation and express their views directly to government. It also allows for us to hold government accountable to report back to the public. It is an enabling mechanism that allows members of the public to have access and engagements with scientists and experts who prepare and undertake various reports and studies,” he said.
In September, KwaZulu-Natal environment MEC Ravi Pillay announced that a criminal investigation has been launched against the company.
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