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Daily Maverick
a day ago
- Daily Maverick
UPL lawyers fight NPA prosecution decision on Durban chemical blaze
The National Prosecuting Authority has finally reached a decision on prosecuting the Indian UPL agrochemicals group — more than four years after thousands of tons of poisonous chemicals went up in flames at a warehouse north of Durban. A tide of farm chemicals poured into the environment north of Durban in July 2021, killing more than four tons of fish and other aquatic life. It also led to the prolonged closure of several swimming beaches north of the city, while thick clouds of poisonous black smoke swirled around parts of the city for several days, sparking concern about the long-term health impact on people exposed to the fumes. Now, in response to questions from the Daily Maverick, the National Prosecuting Authority (NPA) has confirmed that KwaZulu-Natal's director of public prosecutions (DPP) has reached a decision on laying criminal charges against UPL in criminal case docket CAS 06/09/2021. While the NPA did not state explicitly what the decision was, or the exact nature of the charges, a spokesperson confirmed that UPL had been notified of the provincial director of public prosecutions' decision, and that the company was now 'requesting a review of the decision' — strongly indicating that representatives of the Mumbai-based agrochemicals group will end up in the dock shortly if their latest legal representations to the national director of public prosecutions are rejected. UPL has consistently argued that, as one of the many companies whose premises were looted or set alight by arsonists during the July 2021 unrest, it was not responsible for the consequent chemical spill, which led to ecological damage to large sections of the uMhlanga River lagoon, the closure of beaches and widespread air pollution. UPL, the fifth largest agrochemicals company in the world after Bayer, Corteva, Syngenta and BASF, has also claimed that the security measures and 'state-of-the-art safety features' at its brand-new Cornubia chemical warehouse were overwhelmed during the riots. However, it later emerged that UPL had rented space in a newly built goods warehouse (shared with a clothing retailer), apparently without any specific environmental impact studies or detailed assessments on public health impacts while storing hazardous compounds at Cornubia, a mixed-use commercial, residential and light industrial development at Umhlanga. Health risks Roughly three months after the incident, a preliminary compliance report by the Green Scorpions environmental inspectorate noted that the National Water Act and National Environmental Management Act recognised that 'any unlawful, intentional or negligent conduct' that results in serious pollution or degradation of the environment or water resources was considered to be criminal conduct. At the time, the inspectorate said that: 'Further investigation is required to determine whether UPL, as a result of its failure to comply with specific legal requirements (either in terms of the National Environmental Management Act or other relevant legislation), acted negligently by creating a point source of pollution which resulted in significant environmental impacts, despite the fact that the fire was started by other individuals… 'Had the relevant licences been applied for, the environmental assessment processes that would have been required may have identified risks that could have been avoided, or could have been guarded against,' read the report. 'The desirability of storing large quantities of agricultural chemicals in close proximity to people and sensitive environments would have been evaluated. Bypassing these processes, no doubt, contributed to the seriousness of the pollution that resulted.' According to the compliance report: 'It is the view of the investigative team that UPL may not have undertaken the necessary (Major Hazardous Installation risk) assessment.' Since then, a human health risk assessment commissioned by UPL has suggested that residents living in the immediate vicinity now face increased risks of cancer, heart disease and other health impacts due to the toxic dust particles they inhaled while the warehouse burnt or smouldered. UPL responds In a statement at the weekend, UPL said it 'cannot comment on an ongoing investigation and open case'. However, it continued to engage with all relevant authorities and governmental departments. 'Despite suffering substantial damage from the riots, UPL South Africa has made extensive efforts to contain the aftereffects of the incident and has committed enormous resources to this effort. 'In the immediate aftermath of the event, UPL South Africa instituted an extensive and ongoing rehabilitation and remediation plan of the affected area under the direction of a team of independent experts and a Rehabilitation Action Plan approved by the Department of Forestry, Fisheries and the Environment (DFFE).' Last week, a public meeting of the Cornubia Multi-Stakeholder Forum was held at the Grace Family Church in uMhlanga to discuss the ongoing treatment of chemically polluted water that is still being stored in a dam close to the fire site. At this meeting, the Department of Forestry, Fisheries and the Environment was scheduled to provide an update on the status of the proposed criminal charges against UPL. Department officials were not present to provide this update, but UPL attorney Norman Brauteseth told the meeting that he understood that criminal charges were still being investigated against UPL — as well as the Fortress property group (which developed the Cornubia warehouse) and Tongaat Hulett and eThekwini Municipality (joint landowners of the Cornubia development). Limited charges Significantly, however, the NPA said it was not aware of charges against Fortress, Tongaat Hulett or eThekwini. A spokesperson said: 'The NPA received one docket addressing a criminal complaint against UPL. We are not aware of the other matters you mention. 'The matter is at an advanced stage, and we can confirm that the NPA is addressing legal representation from UPL. 'A decision was taken by the Director of Public Prosecutions (DPP) KwaZulu-Natal (KZN), and this was brought to the attention of UPL through their legal representation. UPL has now written to the National Director of Public Prosecution, requesting for a review of the director of public prosecutions KZN's decision.' A spokesperson for Tongaat Hulett Limited said: 'We don't have any knowledge of a criminal investigation against Tongaat Hulett Limited on this matter. Since the incident, as an impacted party we continue to actively engage with the authorities and UPL on the remediation work undertaken by them as land owned by Tongaat Hulett Limited surrounds the UPL warehouse.' A Fortress spokesperson said: 'No — we are not aware of any criminal investigation (against Fortress).' The eThekwini Municipality said: 'We are not aware of the matter in question.' Regarding Brauteseth's comments at the Grace Family Church last week, UPL said: 'In 2021 the findings of a governmental joint preliminary investigation into the incident recommended that the role that all parties played should be investigated, including not only UPL but also Tongaat Hulett, Fortress, and the relevant authorities.' DM
TimesLIVE
29-05-2025
- Business
- TimesLIVE
SCA dismisses 'meritless' appeal by two environmental organisations
The Supreme Court of Appeal has dismissed with costs an appeal by two environmental organisations against the awarding of a water use licence issued to Atha-Africa Ventures (Pty) Ltd in 2016. The SCA said the Endangered Wildlife Trust and the Federation for a Sustainable Environment vexatiously pursued the appeal under section 149(1) of the National Water Act (NWA) and it had no merit. The court said the organisations could not be insulated from costs orders regarding two considerations. One was the Biowatch principle, namely that the general rule in constitutional litigation is that an unsuccessful litigant ought not to be ordered to pay costs to the state. The organisations had argued that the high court proceedings were instituted to vindicate environmental rights which were genuine and not frivolous. The second was that they acted reasonably in the protection of the environment. The SCA said Biowatch did not assist the organisations. The Constitutional Court, in the Biowatch case, said a party should not be immunised from appropriate sanctions if its conduct had been 'vexatious, frivolous, professionally unbecoming or in any other similar way abusive of the processes of the court'. 'That is the case here. The appellants, who throughout have been represented by senior and junior counsel, vexatiously pursued the section 149(1) appeal, which has no merit,' said judge of appeal Ashton Schippers in a unanimous judgment of the full bench. Atha-Africa Ventures, the owner of Yzermyn Underground Coal Mine outside Wakkerstroom in Mpumalanga, had acquired coal-prospecting rights to an area of 8,360ha, covering 12 privately owned farms in Mpumalanga. In 2013, it was granted a mining right in respect of only five farms.
The Citizen
06-05-2025
- General
- The Citizen
Modimolle sewer crisis blamed on misuse
MOKOPANE – The Modimolle-Mookgophong Municipality is facing ongoing sewer blockages caused by the improper disposal of foreign materials into the sewer system. According to Mayor Aaron Sebolai, residents have been discarding items such as plastic bottles, blankets, grease, oils, linen sheets, animal skins, and even intestines into the system, severely disrupting its function. 'These foreign objects accumulate and cause major blockages, which prevent wastewater from flowing as it should. This leads to sewage overflows, posing serious health hazards and causing environmental damage, including contamination of water sources,' he said. Sebolai referred to the National Water Act (Act No. 36 of 1998), which prohibits the disposal of harmful substances into water resources, including sewer systems. He also cited the Municipal Systems Act (Act No. 32 of 2000), which empowers municipalities to regulate and enforce rules that protect public infrastructure. Violators of these regulations may face penalties. He urged residents to take personal responsibility for waste disposal, noting that effective sewage systems are essential for public health and environmental safety. 'Our infrastructure cannot withstand the damage caused by such negligence. We must all take ownership and work together to ensure our sewer system functions properly and our environment is preserved for future generations.' At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
