PRESS STATEMENT BY UPL SOUTH
AFRICA
23 October 2021
Cornubia warehouse arson attack: UPL concerned
over aspects of government’s establishment of multi-stakeholder forum
UPL’s legal team has written to the KwaZulu-Natal
Department of Economic Development, Tourism and the Environment (EDTEA)
indicating that it will not be attending the launch of a multi-stakeholder
forum to be established in the wake of the UPL Cornubia warehouse arson attack,
which is taking place today, 23rd of October.
This follows a letter sent to the EDTEA on the 15th
of October in which UPL raised a number of concerns regarding the draft Terms
of Reference for the forum. It has to date received no response to those
concerns.
PRESS STATEMENT BY UPL SOUTH
AFRICA
23 October 2021
Cornubia warehouse arson attack: UPL concerned
over aspects of government’s establishment of multi-stakeholder forum
UPL’s legal team has written to the KwaZulu-Natal
Department of Economic Development, Tourism and the Environment (EDTEA)
indicating that it will not be attending the launch of a multi-stakeholder
forum to be established in the wake of the UPL Cornubia warehouse arson attack,
which is taking place today, 23rd of October.
This follows a letter sent to the EDTEA on the 15th
of October in which UPL raised a number of concerns regarding the draft Terms
of Reference for the forum. It has to date received no response to those
concerns.
In its reasons for deciding not to attend the launch, UPL expressed its frustration that the draft TOR was sent out for public comment without any prior consultation with UPL and that since receiving UPL’s letter of concerns regarding the forum there has been no further engagement at all. In launching the forum without resolving its terms of reference, the impression has been created that UPL has accepted the proposals contained in these draft documents, when that is not the case.
UPL has in all of its communications expressed its
support for a forum that will enable stakeholders to be informed and express
their concerns. It is committed to transparency and openness and is more than willing to work
with government and stakeholders following the arson attack on its leased
Cornubia warehouse. However, it has objected to the overly broad mandate that
was proposed for the forum and the extensive powers accorded to it,
thereby confusing the roles of government with those of stakeholders and making
it potentially unworkable.
UPL believes that the terms of reference of the forum go well beyond the specific actions the EDTEA is empowered to take under s30 of the National Environmental Management Act (NEMA), under which UPL is performing its clean up operations. It also takes the view that the objectionable aspects in the draft TOR are not required for government to achieve its objectives in terms of the Act. Notwithstanding that, UPL agrees that it is important that all stakeholders, including the surrounding communities, are kept informed of developments since the arson attack on its leased Cornubia warehouse, and that the forum has an important role in that regard. It has indicated its willingness to engage with EDTEA to assist it in that role, but without the other objectionable aspects of the forum’s TOR.
UPL has also, since the arson attack, ensured an open line of communication with government authorities, which has included keeping them informed of its efforts to mitigate the impact of the chemical spill as required in terms of s30 of the NEMA. This includes providing weekly reports to all three spheres of government on its extensive clean up and rehabilitation operations, which have cost UPL over R250 million to date.
The decision to launch the forum before settling its terms of reference is highly unfortunate, and could have been avoided. UPL is disappointed that the opportunity to launch the forum with UPL’s wholehearted support has been lost.
This follows a similar situation where on the 3rd
of October, Minister of Environmental Affairs, Forestry and Fisheries (DEFF)
Barbara Creecy released a preliminary report by her department into the
warehouse attack, without any prior discussions with UPL who only received the document
a few hours before it was sent out.
UPL remains committed to continue working closely with
government and all stakeholders in civil society and surrounding communities in
order to mitigate the impact of the events which have occurred after the arson
attack on its warehouse which resulted from the civil unrest of 12th
of July. However, it has asked for meaningful, timely and proper consultation
and engagement between it and government on all issues, of which the proposed
forum is merely one. It looks forward to engaging with the EDTEA on the TOR for
the forum so that it can constructively engage with it moving forward.
ENDS.
Please attribute quotes to Japhet Ncube, spokesperson for UPL South Africa
Media Enquiries:
Thabi Ndhlovu
061 993 6672
