DURBAN - ECONOMIC Development, Tourism and Environmental Affairs (Edtea) MEC Ravi Pillay accepted a memorandum of demands from the UPL Cornubia Fire Civil Society Action Group during a community meeting over the weekend.
The memorandum was from the affected communities of Prestondale, Blackburn, Mount Edgecombe, Phoenix, Izinga, Hawaan Forest and uMhlanga Ridge, north of Durban.
In the memorandum, the communities said communication and community liaison between local government and communities were critical for effecting transparency, trust and accountability.
The memorandum stated the communities were aware of their right to a healthy environment and the government’s duty to ensure it – a fundamental right and reciprocal duty entrenched in the Constitution.
In red font, the community wrote: “We requested that we must be part of the JOC (joint operations committee) as the bureaucracy was withholding information from affected people, and they state this is because of legal ramifications, yet the polluter and their lawyers, and their appointed experts are sitting in meetings at the table. What a contradiction and misleading attempt.”
They demanded that details be provided about accountability for fast-track investment approvals in this instance (and more generally), especially of short-circuit environmental and social impact assessments. “One aspect of such accountability is an assessment of needed reparations for damage done and a commitment by authorities to not permit such irresponsible investment projects, which put at risk vital aspects of our household, community and environmental life.”
The community also wanted to know what would be done about the warehouse – will it be allowed to reopen in its current form, will it be allowed to rebuild and continue with business at the site and will South African Special Risk Insurance Association payments or other state subsidies be granted to UPL?
They also wanted to know the government’s position for the future regarding similar facilities in close proximity to residential areas; and called for monitoring of the effective use of the legal and planning framework in the industrial sector.
Sabelo Ngcobo, from Edtea, said they could not respond to a lot of the questions raised by the community, although they had answers. That’s because the matter was now in the legal domain. The case that was laid out was also to get some of the answers that were asked.
Pillay said there would be aspects that would not be concluded at this point because some of the observations and testing and monitoring would have to be over the long term before authoritative conclusions can be drawn.
The eThekwini Municipality head of Health, Rosemary van Heerden, said the municipality had intended on attending the meeting to give a report back on its investigations. However, the Edtea had laid criminal charges against UPL, so it may have been imprudent for the municipality to attend the meeting and share information at this stage.
“We do not, in any way, wish to jeopardise the criminal investigations and/or compromise the rights of the accused which ultimately could have a bearing on the outcome of the criminal case. “eThekwini officials may also be called as witnesses in any ensuing criminal trial,” Van Heerden said.
UPL’s response for its absence was regarding its formal complaint process for the submission and handling of complaints as a result of the incident.
Daily News