Durban — Cornubia-based company UPL could face a class action lawsuit, three years after a fire at the chemical storage facility caused widespread damage to people and the environment.
LHL Attorneys and Richard Spoor, lawyers for the claimants, have turned to the Durban High Court to seek certification of a class action against UPL South Africa, the local subsidiary of one of the largest agrochemical producers in the world.
“Certification is the first step in launching a class action, whereby the court grants the applicants permission to pursue an action on behalf of a large number of affected individuals, called class members, without the need for each member of the class to be named or to participate in the action,” the legal team said.
Through the class action, the legal team wants to get compensation for thousands of people who suffered because of the release of hazardous chemicals when the UPL chemical storage facility caught fire on July 12, 2021. The team said the matter was possibly the first SA environmental law class action and an important case to establish to what extent the National Environmental Management Act 107 of 1998 can be relied on by those harmed by environmental pollution.
Thousands fell ill as a result of the fire which raged for 11 days. It destroyed the livelihoods of fisherfolk and caused the Ohlange River to turn a bright blue colour as the water used to douse the flames and chemicals flowed into it.
The lawyers said that if the application for certification was granted by the high court, the applicants would proceed to trial for determination of two key aspects – first, to determine the liability of UPL, and second, to assess the amount of damages payable.
The team encouraged individuals affected by UPL to contact the LHL legal team at [email protected]
Independent on Saturday