Group to pursue Class Action lawsuit against UPL
Three years after a Cornubia warehouse was torched, releasing chemicals into the air and sea, a group of Durban residents have come together to claim damages.
The 12 applicants and the South Durban Community Environmental Alliance have asked the Durban High Court for permission to pursue a Class Action lawsuit against UPL South Africa.
The company's warehouse went up in flames after looters set it on fire during the July unrest in 2021.
The facility had been storing bulk supplies of herbicides, fungicides, and pesticides.
The fire burned for days, sparking health concerns for northern Durban residents.
There was a secondary environmental disaster when chemicals mixed with rain and water used to put out the blaze washed into northern beaches, killing thousands of fish.
The claimants are being represented by LHL Attorneys Inc. and lawyer Richard Spoor.
Class Action Specialist Zain Lundell told Newswatch that they represent four categories of people.
"The first is fisherfolk. These are individuals who subsistence fish or harvest muscles. The second class is the beach economy class. Those are vendors and hawkers who sell goods on the beach. Those persons weren't able to access the beach for months.
"Then we have small-scale farming class. There are many small-scale farmers who are basically farming on the riverbank. Those persons either grow vegetables for themselves, use those vegetables to feed their families or sell some of the extra vegetables.
"The fourth class is the injury class. Those are individuals who have either as a result of the fire and the toxic smoke that blanketed the area for days were injured as a result."
Lundell said the amount being sought for damages has not been established yet.
He said others who have been affected and want to join can still contact them.
"If persons have been injured or harmed, they are able to contact us immediately. They are also able to go to our website: LHLlaw.co.za."
UPL says it will oppose the application.
