In a crucial legal battle regarding the devastating consequences of a chemical pollution disaster that occurred over two years ago, the eThekwini Municipality has emerged victorious in their efforts to prevent another potential toxic water spill in Durban. Acting Judge Ian Dutton of the KwaZulu-Natal Division of the High Court in Durban has issued a ruling on 2nd November, ordering UPL, the Mumbai-based agrochemicals giant, to immediately cease discharging water from its new chemical treatment plant into the Ohlanga River. Instead, UPL has been directed to employ wastewater tankers to transport the polluted water to a reputable hazardous waste dump.
The legal dispute revolves around the permitted water levels of a “pollution control dam” (PCD) hastily constructed to contain the overflow of poisonous substances from the UPL warehouse in Cornubia, Durban. This depression in the ground serves as a temporary solution to capture the residual poison and currently holds up to 10,000 cubic metres of contaminated water. However, senior eThekwini officials raised concerns regarding the safety and environmental impact of the stored water.
The aftermath of the chemical pollution disaster, in which at least 5,000 tonnes of farm poisons and “agricultural remedies” were either incinerated or found their way into the nearby river, has sparked an array of legal disputes. Now, the High Court ruling stands as a major milestone in securing the protection of the Ohlanga River and the adjacent sea from potential poison-polluted water contamination.
Residents of Durban, as well as those who rely on the affected river for their livelihoods, can breathe a temporary sigh of relief with this court victory. Actively preventing another environmental catastrophe, the eThekwini Municipality’s successful petition to halt UPL’s water discharge into the Ohlanga River safeguards the community and the fragile ecosystem of Durban’s coastal region.
It is crucial to address the pressing issue of chemical pollution not only in Durban but also across South Africa. The effectiveness of pollution control measures, such as the pollution control dam, must be monitored to prevent further environmental degradation. This landmark court ruling serves as a reminder of the importance of responsible environmental practices and the need to hold corporations accountable for their actions.
As we navigate the aftermath of this chemical pollution disaster, it is essential for various stakeholders, including government bodies, corporations, and citizens, to collaborate in finding sustainable solutions and preventing similar incidents from occurring in the future. By prioritizing the preservation of our natural resources, we can ensure a healthier and more sustainable future for all.
