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IOL News
6 hours ago
- Automotive
- IOL News
KwaZulu-Natal DOT assembles legal team for Tokio Marine lawsuit over flood damages
The MEC for Transport and Human Settlements, Siboniso Duma, met with Andrew Kirby, the president and CEO of Toyota South Africa Motors. Image: Supplied The KwaZulu-Natal Department of Transport (DOT) is assembling a strong team of legal minds to guide them on a lawsuit instituted by insurance company Tokio Marine & Nichido Fire Insurance Co. The Japan-based insurance company has sued the eThekwini Municipality, Transnet SOC Limited, and the DOT in respect of the April 2022 floods, which affected Toyota South Africa Motors (Pty) Ltd (TSAM), based in Prospecton. In court papers, it is stated that the three organisations had failed in their duty to maintain infrastructure and should have known that neglecting such responsibilities could lead to flooding. During the April floods, the structural integrity of the Umlaas Canal and the diversion berm was compromised, leading to stormwater flowing into the Prospecton Industrial Area, where the Toyota plant is situated, causing extensive flooding and damage, as read in the court papers. It stated that Transnet owned the Umlaas Canal and was responsible for its management and maintenance, as well as the flood risk associated with it. The concrete-lined canal is intended to channel and divert the uMlazi River around the Prospecton Industrial Area. Together with the diversion berm, it forms an integral part of the flood control and prevention mechanism for the Prospecton Industrial Area, it further stated. It said the DOT was responsible for the management and maintenance of the diversion berm, while the municipality owned, managed, and was responsible for the maintenance and control of the stormwater management system for the Prospecton Industrial Area. Video Player is loading. 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Advertisement Next Stay Close ✕ Ad loading Tasneem Lorgat, the general manager, Marketing Communications for Toyota, stated that TSAM submitted its insurance claim to Tokio Marine in respect of the floods. Lorgat stated that the flood affected TSAM's manufacturing operations. She said the litigation proceedings are not being facilitated and/or funded by TSAM. Accordingly, TSAM will not benefit in any way from the subrogated recovery action against these entities. She said upon learning of the impending recovery litigation, TSAM undertook, with the consent of Tokio Marine, to engage with each of the defendants to advise them of the impending subrogated recovery action. The MEC for Transport and Human Settlements, Siboniso Duma, said that he had spoken with Andrew Kirby, the president and CEO of TSAM, on Friday. Duma stated that the department is consulting with lawyers and could not get into the legal technicalities and details of the processes that will unfold. 'Kirby has emphasised his commitment to work with us to build this province. We have agreed to sustain our relationship that has evolved over the years. We have agreed that nothing should come between us and this enduring relationship,' Duma said. eThekwini Municipality spokesperson, Gugu Sisilana, said the municipality was aware of the court action and had filed a notice to defend. An eThekwini Municipality finance committee report, in April 2025, stated that the municipality is actively working on improving critical infrastructure and water supply systems, particularly in the Toyota and South African Breweries (SAB) precincts, south of Durban, to mitigate future disruptions and demonstrate accountability In a municipal report, a suggestion was made to explore the possibility of relocating TSAM from its current location, which is situated in a flood-prone area in Prospecton, and that the current weather conditions pose significant risks to the company's operations. According to the report, relocating to another area within the eThekwini municipal region should be considered to mitigate potential long-term impacts, including huge job losses. Refilwe Ramatlhodi Ndhlovu, manager of corporate communications at TSAM, indicated that TSAM has no plans to relocate its manufacturing operations and remains invested in the community and investments made at the plant. Andre Beetge, DA Ward 97 councillor and Executive Committee member (Exco), stated that TSAM plays an important role within the southern economy. He said TSAM also creates job opportunities, and one must take into account the ancillaries that find themselves directly reliant on the existence and location of this 'anchor' manufacturer.
The Citizen
9 hours ago
- Automotive
- The Citizen
Toyota's Japanese insurer files R6.5b lawsuit against KZN government
TOYOTA South Africa Motors' (TSAM) Japan-based insurer, Tokio Marine and Nichido Fire Insurance Co. Ltd, is suing the KZN Department of Transport (DoT), Transnet and the eThekwini Municipality for R6.5b for the unprecedented damages faced by Toyota's Prospecton branch following the devastating April 2022 floods. Also read: Floods hit Prospecton industries hard The insurer filed a summons in the Durban High Court against the three defendants, with the plaintiff's court papers stating the defendants had failed in their duties of maintaining the key infrastructure meant to safeguard the Prospecton Industrial Area from flooding. It is stated within court papers that Transnet owned the Umlaas Canal and was therefore responsible for its maintenance, management, and responsible handling of the flood risk associated with it. The canal, which is lined with concrete, channels and diverts the Umlazi river around the Prospecton Industrial Area. Together with the diversion berm, which falls on the Department of Transport to maintain and manage, it forms a vital part of the flood control and prevention for the area. In addition, it states responsibility for the stormwater management system falls on the eThekwini Municipality. 'As a result of these failures, Toyota was compelled to engage various contractors to repair the damage caused by the flooding and hired specialist engineers to repair the structural damage to the premises, as well as damage to electrical installations, plumbing, air-conditioning and assembly systems,' it said. The damages, which amounted to over R6.5b, included almost R4.5b for the costs incurred during the repair and reinstatement of the premises and property, and over R2b for the losses incurred during business interruption. Also read: KZN floods listed in top 10 costliest climate disasters of 2022 MEC of the KZN DoT, Siboniso Duma, engaged with president and CEO of TSAM, Andrew Kirby on June 20. He said, 'We have agreed to sustain our relationship. We will do that in the interest of the people of KZN and the whole country. Over the years, we have worked well with Kirby and executive vice president of TSAM, Nigel Ward, manufacturing, and Toyota. We agreed that nothing should come between us and this enduring relationship. The current litigation is not being facilitated or funded by TSAM, and it does not benefit in any way from the subrogated recovery action against us. We have no doubt that Toyota will continue to be the most preferred brand in the country. One cannot over emphasise the contribution the motor car industry had made to our economy.' eThekwini Municipality spokesperson Gugu Sisilana said the municipality was aware of the court action and had filed a notice to defend. Transnet's media desk issued a brief response, saying it is aware of the litigation initiated by Toyota insurers and has filed a notice to defend. It further stated that given the early stages of the case, it would be premature to offer further substantiation. The April 2022 floods Following the trail of carnage left by the April 2022 floods, heavy rainfall and landslides in KZN, President Cyril Ramaphosa declared a national state of disaster. Toyota's Prospecton plant was ravaged by the floods, and the business was left with around 4300 flood-damaged vehicles, nearly 90% of the cars on site. The automotive giant reported that over 100 000 new equipment parts needed replacing. Astonishingly, after three months of intense repairs and support from the company's Japanese head office, production resumed in August 2022. Following this, TSAM invested over R200m to prevent disasters of similar magnitude going forward, and over R100m was dedicated to establishing monitoring and maintenance systems to proactively guard against water ingress. These included an early-warning weather monitoring system, construction of perimeter canals, and significant upgrades to the site's stormwater network. An additional R128m was spent on internal interventions to protect the facility even if external systems failed. These included bund walls around critical infrastructure and raised doorways to reduce vulnerability to flooding. For more South Coast Sun news, follow us on Facebook, Twitter and Instagram. You can also check out our videos on our YouTube channel or follow us on TikTok. Subscribe to our free weekly newsletter and get news delivered straight to your inbox. Do you have more information pertaining to this story? Feel free to let us know by commenting on our Facebook page or you can contact our newsroom on 031 903 2341 and speak to a journalist. At Caxton, we employ humans to generate daily fresh news, not AI intervention. Happy reading!
The Citizen
a day ago
- Automotive
- The Citizen
Sued for R6.5 billion by Toyota insurer, KZN transport builds legal team
The floods caused Toyota to pause production for four months, resulting in a R6.5 billion loss. The KwaZulu-Natal department of transport is assembling a legal team to navigate the R6.5 billion lawsuit filed by Toyota insurer Tokio Marine & Nichido Fire Insurance in the Durban High Court over the 2022 floods. The floods caused significant damage at the Toyota South Africa Motors (TSAM) vehicle assembly plant in Prospecton, Durban. Tokio Marine & Nichido Fire Insurance is claiming that the damage caused by the floods was due to negligence of the infrastructure. For this, the insurer is suing KZN transport, eThekwini municipality and Transnet SOC Limited. ALSO READ: Toyota SA says employees won't lose jobs as operations begin after KZN floods Toyota floods The floods damaged the plant, forcing Toyota to pause production for four months, which allegedly resulted in the company incurring R6.5 billion in costs – R4.5 billion for repairs and R2 billion for business interruption. MEC for transport and human settlements Siboniso Duma told journalists at a media briefing on Friday that he had engaged with Andrew Kirby, president and CEO of Toyota South Africa Motors, regarding the lawsuit and was assured that the lawsuit was not brought by Toyota, but by the insurer. 'For the record, in our engagement with Andrew Kirby, he pointed out that the litigation proceedings against the department of transport, eThekwini municipality and Transnet SOC Limited are not being facilitated and/or funded by Toyota South Africa Motors.' Damage caused by the 2022 Durban floods at Toyota. Picture: X/Hein_The_Slayer Toyota not to benefit Duma said he was told that Toyota will not benefit in any way from the subrogated recovery action against the three parties being sued. 'At this stage, we wish to announce that we are assembling a strong team of legal minds to guide us on this lawsuit instituted by Tokio Marine & Nichido Fire Insurance. Therefore, we will not get into the legal technicalities and details of processes that will unfold.' At the time of the damage, the parent company of Toyota SA called the incident 'the most comprehensive damage to one of our global production facilities as a result of a natural disaster'. More lawsuits on the way Craig Woolley, from Norton Rose Fulbright SA, representing the insurance company, said that more companies in the Prospecton area are taking legal action for damage caused by the floods. The lawsuit states that by failing to maintain waterways and drainage systems that carried the floodwater, the defendants are responsible. Damage caused by the 2022 Durban floods at Toyota. Picture: X/Hein_The_Slayer ALSO READ: Hundreds of Toyotas destroyed, 500 survive the floods at Prospecton plant How the parties bear responsibility The lawsuit details how the three parties are to be blamed for the floods. 'During the April floods, the structural integrity of the Umlaas canal and the diversion berm was compromised, leading to stormwater flowing into the Prospecton industrial area where the Toyota plant is situated, causing extensive flooding and damage. 'Transnet owned the Umlaas canal and was responsible for its management, maintenance and the associated flood risk. The concrete-lined canal is intended to channel and divert the uMlazi river around the Prospecton industrial area. Together with the diversion berm, it forms an integral part of the flood control and prevention mechanism for the Prospecton industrial area. 'The Department of Transport was responsible for the management and maintenance of the diversion berm, while the municipality owned, managed, and was responsible for the maintenance and control of the stormwater management system for the Prospecton Industrial Area.' Toyota shares its point of view The Prospecton plant builds the Hilux bakkie, Fortuner SUV, Quest and Corolla Cross cars, as well as HiAce minibuses and Hino trucks and buses. About half of the production is exported, mainly to Europe. NOW READ: KZN flood damage to dent auto industry's contribution to economy
BBC News
2 days ago
- Science
- BBC News
Swimming mole captured by Somerset photographer
A wildlife photographer has captured something he had never seen before - a swimming Kirby, from Glastonbury, was having some lunch at the Catcott Nature Reserve on the Somerset Levels when he saw the underground-dwelling mammal splashing took out his camera to capture the creature taking a dip, much to the excitement of those in the hide with Mammal Society said that, while it is not unusual for moles to swim, it is rare to see them doing so, due to their subterranean living habits. Mr Kirby, who volunteers at a number of wildflife organisations in Somerset, said he saw a "thing moving in the water" out of the corner of his eye. "I thought 'what on Earth is that?', and it looked like a fish flapping away, so I swung my camera around and got it into focus - and it was a mole!"A mole in the water - never seen one swimming before," he Kirby said the animal swam around 26m (85ft) to the bank and then disappeared into the photographer shared his images online that evening and said thousands of people saw his posts. According to the Mammal Society, moles are "competent swimmers", but most people will never see one in the water, or even above ground, due to where they Larsen-Daw, chief executive of the organisation, said: "Their powerful forearms are very well adapted for digging through soil but they can also do a mean breaststroke, powering through water at a fair pace."They are masters of irrigation in the event of a flood, blocking flooding tunnels and building secondary tunnels to escape flooded systems."The society is asking members of the public to map moles on its app, saying they are "ecologically important" creatures.
The Citizen
3 days ago
- Business
- The Citizen
How the illicit fuel trade is robbing SA of billions per year
Investigators have found some diesel tankers where the fuel had a paraffin content of 68%. The prevalence of illicit fuels in South Africa is a growing concern for the country's financial and consumer interests. Much like illicit alcohol and cigarettes, fuel products are smuggled, underreported and illegally manufactured or altered for criminal gain. The South African Revenue Service (Sars) reported that illicit fuels cost the fiscus roughly R3.6 billion per year, while police have identified 23 hotspots in three provinces. Illicit fuel trade Gauteng, Mpumalanga and KwaZulu-Natal are the hardest hit as syndicates operate in close proximity to Mozambique's capital. 'Over the past decade, countries along the Maputo corridor have become primary targets of the illicit fuel trade, which is driven by organised criminal networks that smuggle and illegally adulterate fuel,' stated Sars. Gathered intelligence led to search and seizure operations at fuel storage facilities and depots, where fuel viscosity and composition are tested in tankers. Sars state that common tactics involve importers declaring fuel by 20 to 30% or diluting fuels with harmful additives. 'Sars has also detected a national trend, where many of the fuel-storage and distribution depots are involved in the adulteration of all fuel products, especially through illegal mixing of diesel with paraffin.' 'In some cases, adulterated diesel – analysed in these investigations – had up to 68% paraffin content,' Sars said. Negative effects of paraffin In January 2024, the Department of Mineral Resources and Energy found 70 fuel stations that were selling diesel adulterated with paraffin. Toyota South Africa Motors explained at the time that paraffin drastically deteriorates engine lubrication, as well as the cleaning of moving parts and the conditioning of seals. 'These components will fail with the repeated use of paraffin. Furthermore, the flashpoint of paraffin is lower than diesel, which could lead to engine knock, which can cause catastrophic engine failure,' said TSAM President and CEO Andrew Kirby. In the past four months, authorities have discovered just over 950 000 litres of contaminated diesel and assets worth R367 million. Authorities opened 13 criminal cases and impounded 12 transportation trucks carrying an average of 15 000 litres of falsely declared fuel upon import. Additionally, two washrooms — one of them mobile — were shut down. These washrooms are used to add chemicals to the fuel mix, which help to disguise illegal additives. Attack on society The multi-departmental operations include Sars' trade investigators, police, and the National Joint Operational and Intelligence Structure. Sars Commissioner Edward Kieswetter thanked authorities and warned criminals not to underestimate South Africa's resolve in clamping down on illicit trade. 'The criminal syndicates engaged in these brazen acts have become emboldened to act callously, with no restraint, in pursuit of their rapacious and criminal gains. 'These acts threaten the very foundation of our society. Our message is clear: we will spare no efforts to crush them,' the Commissioner concluded. NOW READ: JRA allocated just 1% of amount needed to fix Johannesburg's roads
