Criminal probe against UPL following toxic chemical spill
The Department of Forestry, Fisheries and the Environment has opened a criminal investigation into UPL.
Looters and arsonists targeted its Cornubia warehouse in July, triggering a mass toxic spill and sparking health concerns.
Minister Barbara Creecy released the results of a multi-departmental investigation on Sunday.
She says they found that UPL had been operating unlawfully and when the riots struck, the appropriate steps weren't taken.
The factory fire led to a major chemical spillage into the Ohlanga tributary and uMhlanga estuary and Durban's northern beaches, killing tonnes of marine life.
The warehouse stored herbicides, insecticides and fungicides.
"An independent team of investigators have initiated a criminal investigation. This investigation is being undertaken in line with the criminal procedure act and involves the collection of evidence including sampling of amongst others sand, water, fish and plants to determine criminal liability in relation to the ham that has been caused to the environment."
Creecy says UPL failed to comply with environmental requirements before establishing operations at Cornubia three months before the riots.
"In addition, UPL had not obtained a critical risk assessment or planning permissions from the eThekwini Metropolitan Municipality, in terms of the Occupational Health and Safety Act and the relevant municipal by-laws.
"Had the UPL undertaken this process, it would in all probability have been defined as a Major Hazard Institution considering the significant volumes and nature of the chemicals stored at this particular location."
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