Durban - Foskor, one of the world's largest phosphoric acid producers, could face criminal charges over environmental incidents in the past four years, one of which led to the death of one person.
A spokesperson for the National Prosecuting Authority (NPA) said on Friday: "We are consulting with experts in order to make a final decision whether or not to prosecute in this matter. Hopefully we will be in a position to make a decision within a month or so. We are considering a criminal prosecution because somebody died. There is a possible charge of culpable homicide."
Incidents for which Foskor, which is owned by the Industrial Development Corporation, has earned a notorious reputation include a sulphur emission in July 2002 that affected 250 commuters travelling on the John Ross highway near Foskor's plant in Richards Bay.
Of those seriously injured, Ruth Dube, who was hospitalised immediately after the incident with lung damage, died eight months later.
Zandile Mumsy Sibiya, who was travelling in the same taxi as Dube, is unable to work due to lung damage. Foskor has been paying her medical bills.
Sibiya, who is represented by the Durban Legal Resource Centre, is suing Foskor for almost R800 000.
Nomfundo Gobodo, an attorney at the Legal Resource Centre, said the action was instituted last June.
"Foskor is challenging it and we are waiting for a court date for the trial. We could wait 15 months to get a date, although we have requested an earlier date as Mumsy's health is not improving," Gobodo said.
Neel Naidoo, a vice-president at Foskor, said on Friday that the company had offered Sibiya a job with full benefits where she would have had to work just a few hours a day.
Gobodo said the claim was based on an actuary's assessment of lost income, future medical expenses, pain and suffering, and general damages. The civil case will be heard in the Durban high court.
Other incidents at Foskor included sulphur emissions in February 2003 and January 2004, and an ammonia leak on June 2 last year. A fire at Foskor in May resulted in production coming to a standstill.
The NPA spokesperson said: "We are considering linking all the incidents when we prosecute."
Naidoo could not comment on a possible criminal prosecution.
The KwaZulu-Natal department of agriculture and environmental affairs said: "With respect to the July 2002 incident, all recommendations made by the department have been adhered to by Foskor. Due to the numerous incidents that followed, has approached to assist due to growing national interest. The two departments are now assessing all the information in order to determine the way forward."