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The Portfolio Committee on Environment, Forestry and Fisheries, today received briefings from the Department of Forestry, Fisheries and Environment on the UPL Report Findings on a joint preliminary investigation into the compliance profile of the UPL South Africa (PTY) Limited Cornubia, KwaZulu-Natal; and on recommendations of the High Level Panel Report on the management of lion, leopard and rhino.
 
The committee was of the view that there has been no consequence management applied as yet regarding the noncompliance of the UPL with the regulatory framework in order to operate its business. The committee heard that the UPL acted negligently and that a criminal investigation needs to be instituted.
 
The Minister of Forestry, Fisheries and Environment, Ms Barbara Creecy, has informed the committee that the preliminary investigation has indicated that the UPL is responsible for the fire and that it did not have the required compliance certificate. The UPL is also responsible for the cost of the clean-up operations. The matter has been reported to the law enforcement authorities and the National Prosecutions Authority will make a decision to prosecute and the court to make a finding ultimately.
 
The Chairperson of the committee, Ms Faith Muthambi, asked the department about government agency or organ of state which ultimately authorised the UPL to operate in the area to cause such a disaster. She said: “We are made to believe that environmental inspectors (green scorpions) at various levels do regular inspections at facilities like the UPL to ensure compliance with relevant and applicable legislation. “Why wasn’t this done proactively to prevent illegal operations, as you are reporting here?” Ms Muthambi asked.
 
In response the department told the committee that the UPL was operating under legal radar. The following question Ms Muthambi asked was who failed to do their work that the UPL was allowed to operate undetected? “What message are we passing on to potential law breakers that in South Africa you can operate without relevant authorisations if you operate accident free?” asked Ms Muthambi.
 
The committee heard that as part of the clean-up and recovery operations, the UPL has since spent over R247 million on clean-up and will have a primary health clinic in Umdloti where members of the affected communities can access primary healthcare services.
 
Regarding the Animal Welfare legislation, the committee informed the Department of Agriculture, Land Reform and Rural Development that the Department of Forestry, Fisheries and Environment must be on a working group when legislation pertaining to wild animals is being reviewed, and that a colloquium is required on the Bill.

Issued by the Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Environment, Forestry and Fisheries, Faith Muthambi