United Phosphorus Limited (UPL) have disputed the findings of the recent preliminary report into the uMlanga estuary chemical spill by the Department of Forestry, Fisheries and Environmental Affairs (DFFE).

In a release on Sunday, the Indian chemical giant disputed both the finding, which alleges illegal activity, as well as the timing of the report, released to them on Saturday evening.

“UPL is thus deeply disappointed that Minister of Forestry and Fisheries and Environmental Affairs, Barbara Creecy has decided to release her department’s preliminary findings of an investigation into a fire incident at its Cornubia Warehouse without any prior discussion with the company.

“UPL does not admit any non-compliance with the law, as alleged in the preliminary report,” the company stated.

UPL claims that the timing of the release to them was intentional, in an attempt to deny them sufficient time to respond before the report was made public.

In the report, which was released by DFFE minister, Barbara Creecy on Sunday, it is alleged that UPL were storing chemicals classified as dangerous goods without permission.

Creecy confirmed that criminal charges have been laid against the company and that they can still be held liable for the alleged illegal storage, even though they did not cause the fire.

The report provides a detailed history of the authorisations that UPL attained from the eThekweni Metro, which in its view was not sufficient for the danger levels and volumes of the chemicals that were stored.

These chemicals made their way into the oHlanga tributary and later the uMhlanga estuary when the UPL warehouse in Cornubia was set alight during the unrest on July 12 and 13.

UPL however maintains that they cannot be held accountable for fires caused by the rioters.

“UPL along with many other businesses were left to fend for themselves in the face of unprecedented and unforeseeable levels of violence and criminality.”

“This central fact seems to be conveniently ignored by Minister Creecy’s department,” said UPL.

Beaches remain closed as a result of the spill, while the DFFE waits for a peer-reviewed analysis of the water quality.

UPL recently released their own report claiming that beaches were safe to open and that the exclusion zone could be much smaller than what it currently is, from the Umgeni River Mouth to Salt Rock.

However the DFFE has chosen to wait for further analysis from an objective third party.

“There are concerns from the public about the efficacy of the report, which is why we have sent the findings to be peer-reviewed in the USA,” said Creecy.

The report is expected to arrive in 2 weeks time.

The spill is one of the worst local environmental disasters in recent memory and the estuary is almost completely dead, said Creecy.

She said this remained an emergency situation and all relevant steps were being taken to ensure the safety of residents and visitors to the affected areas.  

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