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Picture courtesy: (SABC news) Durban communities affected by the UPL chemical disaster that took place in July 2021 demand action for damages caused.
(The Post News)- In 2021, there was a chemical spill at agrochemical giant UPL’s warehouse north of Durban. The warehouse was burned amid the plundering spree that took place in South Africa amid the COVID-19 outbreak.
The fire raged for 11 days, burning up all the chemicals that were put away at the office.
This, at that point, discharged perilous chemicals into the environment.
Three years later, affected members of the community have approached the courts seeking compensation for the damages.
Thirteen claimants, represented by LHL Attorneys and Richard Spoor Incorporated, are seeking authorization from the KwaZulu-Natal Division of the High Court in Durban to pursue a class action against UPL South Africa.
If approved, the class action could represent thousands more affected individuals, including coastal fishermen, vendors, small-scale farmers, and those who suffered physical harm from the recent fire and chemical spill.
According to a statement from LHL, the class action seeks compensation for thousands of individuals who were harmed by the release of hazardous chemicals from the UPL chemical storage facility in Cornubia, KwaZulu-Natal, which caught fire on July 12, 2021.
According to the applicants’ court papers, by the time the fire was extinguished, hundreds of tonnes of chemicals and pesticides stored at the facility had been destroyed.
This resulted in an immeasurable amount of toxic smoke being released. Efforts to extinguish the fire with water caused chemicals and pesticides to be flushed into the surrounding environment, contaminating the soil and waterways and affecting Durban North beaches.
Streams and beaches extending 40 km were also polluted, impacting the collection of marine life for food.
At a briefing in August 2021, members of Parliament found that a cocktail of 1,600 chemicals had run off into water sources like the uMhlanga tributary and estuary as well as the shoreline, killing marine life.
The previous Minister of Forestry, Fisheries, and Environment, Minister Barbra Creecy, expressed that it would take a long time to recover from this occurrence.
Communities around the area were also affected by the toxic chemicals.
An environmental impact report from the provincial government revealed that over 60 harmful chemicals, including hydrogen cyanide, hydrochloric acid, and bromine, were present in the smoke inhaled by residents of northern Durban.
A preliminary report from the Department of Forestry, Fisheries, and Environment (DFFE), released three months after the spill, found that UPL South Africa lacked the necessary environmental permits to operate the Cornubia warehouse.
UPL South Africa claimed to be surprised at the report’s release, claiming it was issued without proper consultation and denying any legal non-compliance.
Prior to the spill, UPL had been advised that renting and operating the warehouse did not require an environmental assessment.
The claimants argue that UPL failed to meet numerous requirements given the chemicals stored.
UPL contends it is not liable for damages and has worked proactively with local and national authorities on monitoring and restoring affected areas.
If the application for certification for the lesson activity is allowed, the candidates will, at that point, look for a trial to decide UPL’s obligation and the amount of harm payable to each lesson part.
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