Durban — Lawyers for the victims of a hazardous spill at the UPL chemical storage facility in Cornubia say they are waiting for the company to indicate if it will oppose their Durban High Court application seeking certification of a class action against UPL.
Thousands of people were affected in the July 2021 fire which raged for 11 days, causing widespread environmental damage and decimating livelihoods.
LHL’s Zane Lundell a foreign admitted attorney, said that many people had suffered personal injury or financial loss stemming from the chemical spill that occurred as a result of the fire.
“Individuals approached the LHL attorney to assist them. We then went to KwaZulu-Natal and consulted with many individuals.”
The conclusion they made was that a class action was the best mechanism to assist the many people who were harmed or suffered loss, to band together and launch their claims in a single proceeding.
It was estimated that thousands of tons of chemicals had burnt causing a massive plume of toxic smoke while water used to stop the blaze flushed the chemicals into the environment and into the Ohlange River, causing it to become a bright blue-green colour.
Lundell said the livelihoods of numerous subsistence fishermen were affected, hundreds of people were injured while hawkers also suffered losses.
He said thousands of individuals were affected negatively by UPL's transgressions, at varying levels and their level claims also varied.
“So we're seeking monetary compensation for all of these individuals. So, for example, subsistence fishermen were not able to fish over that 40 kilometre stretch of beach as a result of this chemical spill. These subsistence fishermen are some of the poorest of the poor, relying daily on fishing to ensure food was placed on their family's table.”
He said many of the subsistence fishermen amassed credit card and other forms of debt just to feed their loved ones, while vegetable growers along the Umgeni River and its tributaries also suffered hugely.
“These vegetable growers grow for subsistence purposes, and they might sell off a small portion to the community.”
Lundell said the water polluted the soil around riverbanks, which prevented growing and the growers were unable to feed their families.
He said that UPL worked with local authorities and their experts to rehabilitate the area but according to the scientific community restoration would take many years all the fish had died and the entire ecosystem was destroyed.
While he couldn't quantify the quantum of the claim against the company, he estimated it was likely to run into hundreds of millions of rand, but their priority now was class action confirmation and obtaining a merits judgement against UPL.
“Which is really just a judgement confirming that UPL was negligent or that UPL pursuant to the National Environmental Management Act is liable to the individuals that are suing and all of the class members that fall under these groups of persons that we're representing. And once that's established, we'll then be able to quantify the case with the use of expert evidence.”
Lundell said the next step was for UPL to file a notice of intention to oppose the action brought against them within 15 days, before negotiating timelines to file further papers.
“Our hope is to have a certification hearing sometime in the first six months of next year. It also depends on the court schedule, but that would be good.” Anyone negatively affected by the UPL fire has been encouraged to contact the law firm at [email protected] or 011-483-0540.
On its website UPL South Africa said it was served with the application but intends to oppose it.
“During the July 2021 violent unrest that affected most of KwaZulu-Natal and other parts of South Africa, a leased warehouse in Cornubia was attacked and set alight. This led to the products stored in the warehouse escaping into the surrounding environment. UPL South Africa denies that it is liable for damages which any claimants may have suffered whether based on statute or in delict.”
Sunday Tribune