Transnet is set to face resistance from south Durban residents for its planned multi-product pipeline. The communities have threatened to resort to the courts if the transport parastatal refuses to use an alternative route for the R11.5 billion project.
Desmond D'sa, the co-ordinator of the South Durban Community Environmental Alliance (SDCEA), said recently that the group would go to court once it had exhausted all the consultation processes, such as appealing against a favourable environmental impact assessment (EIA).
D'sa said the alliance's communities, which included areas such as Clairwood, Merebank, Umlazi, Mbumbulu, KwaMakhutha and Adams Mission, were already burdened with too much pollution and that pipelines carrying hazardous products had put their lives at risk.
"There are already 15 pipelines in south Durban and we don't need another one," he said. "Why is Transnet not using the north corridor route that goes through Kloof Assegai, where it already has a servitude? Why bring more to South Durban? When is it going to end?"
He said that since the formation of the SDCEA in 1995, it had recorded more than 40 pipeline leaks that had led to hazardous products, such as benzene, entering peoples' homes and an increased risk of suffering from illnesses such as asthma and cancer.
"We'll also challenge the matter on the grounds that the public participation process was flawed, because they only contacted the councillors as opposed to groups. If there is such a demand, why are going to decommission one of their pipelines in 2010?" said D'sa.
Transnet wants to build this pipeline because of the increased demand to transport petroleum products, particularly to inland areas. The pipeline is expected to be commissioned in the third quarter of 2010. There was a meeting held between the two parties on Monday.
Saret Knoetze, a public relations manager at Transnet Pipelines, said it was aware of the concerns raised.
She said the parastatal, project consultants and independent environmental consultancy Zitholele had been engaging with interested and affected parties along the various routes investigated for the project, including the SDCEA communities, since earlier this year.
Knoetze said Zitholele would follow up with SDCEA to deal with any unresolved issues.
"Transnet is, however, satisfied the recommended route is based on sound evaluation criteria and, on balance, the preferred route of Durban was confirmed by the independent environmental consultants to be the route of least impact," said Knoetze.
Two environmental lobby organisations believe SDCEA would have a legitimate case against Transnet, given south Durban's history of pollution and pipeline leaks.
Bobby Peek, a director at Groundwork said: "The important thing about south Durban is that there is already too much risk in the area, with all the industrial activities there. I see no reason why you have to put Durban south at further risk."
Peek said Transnet had opted for the south Durban route because it knew that although the risk was greater, the resistance would not be as powerful as it would have faced from elite western areas, such as Kloof, Assegai and Hillcrest.
Tristen Taylor, an energy policy officer at Earthlife Africa, concurred with Peek, saying additional pollution in the area should be avoided.
He said the organisation would support SDCEA every way it could.
The findings of the EIA are being publicly presented for comment and will be submitted to the department of environmental affairs and tourism next month. After authorisation is granted, the process allows for appeals to be lodged for consideration by the minister.
Knoetze would not comment on the potential legal battle, saying Transnet did not want to pre-empt the process.