Victimised: Ian Erasmus says he reported a faulty valve in 2012 and 2015, then to Sasol’s ethics department and finally to the Human Rights Commission.
A former Sasol employee-turned-whistleblower says he is confident about a criminal investigation that has been finalised by the department of forestry, fisheries and the environment (DFFE) into the chemical and energy company’s alleged industrial pollution of the Vaal River.
In February 2019, Ian Erasmus testified at the South African Human Rights Commission’s (HRC) inquiry into the pollution of the river, alleging that the petrochemical giant, through gross negligence, was dumping hazardous chemicals into the river system because chemical sewer valves at its Secunda Benfield units were broken. Three months after his protected disclosures, Erasmus was suspended.
Last June, the department began its criminal investigation based on information Erasmus gave to the HRC and the docket has now been handed over to the National Prosecuting Authority.
“I’m very happy that my case is finally receiving attention,” said Erasmus, who worked as a senior process controller at Sasol from 2005 until he was allegedly forced to resign in 2020.
In March last year, the Mail & Guardian reported how Erasmus had endured “years of hell” after blowing the whistle on the company’s alleged unlawful disposal of vanadium, diethanolamine and potassium carbonate.
His affidavit runs to hundreds of pages in two crammed binder files. “I’m fully confident in the evidence contained in my case file with the department. I believe that when this case reaches court and the evidence is laid on the table that Sasol is going to have a tough fight to keep refuting my claims on the non-compliant disposal of hazardous waste,” Erasmus said.
He said the department’s investigator was thorough. “I believe that if Sasol were honest and transparent from the start they would have saved themselves a lot of embarrassment. I believe that the evidence is going to have a massive impact on Sasol’s reputation and their culture.”
Sasol, in turn, said it “has and continues to deny these claims made against it, including allegations that Erasmus provided undeniable evidence to substantiate his allegations”. This was in response to an article by the Daily Maverick last month detailing how Erasmus is allegedly being harassed by his former superiors.
Sasol told the M&G that it had “repeatedly placed our position in respect of Mr Erasmus publicly, including our AGM in November 2021, and we maintain this position. In the interest of maintaining the rights of both parties, we have nothing further to add.”
The department’s spokesperson, Albi Modise, confirmed that the criminal investigation had been finalised, adding: “Mr Erasmus also provided a supplementary affidavit to the investigator over the last few weeks, which has been included in the docket. A decision on whether or not to institute a prosecution lies with the director of public prosecutions.”
Eric Mokonyama, the Mpumalanga HRC manager, said his office, too, was running an investigation based on Erasmus’s evidence. “We have got an expert to investigate water pollution, who is doing some tests to check whether there is any element of pollution by Sasol, or any of the Vaal streams, in the province.”
In its response to the Daily Maverick, Sasol maintained it had not at any point dismissed any of Erasmus’ allegations. “We have consistently and willingly cooperated fully with relevant authorities in their investigation of these allegations.”
The company said that in February last year, the HRC issued its final report, which “contains no findings of any kind against Sasol. Sasol, therefore, regards the matter as concluded since we have not been advised or informed otherwise”.
Sasol said it noted from media reports that the HRC may investigate the claims about industrial pollution separately, based on Erasmus’s testimony. “We remain fully committed to cooperating with the SAHRC on any such inquiry, once formally notified.”
Sasol said it had responded extensively to the allegations of environmental non-compliances at its Secunda operations “through the comprehensive documents submitted to the DFFE as part of its investigation”.
In April last year, it mandated an external law firm to investigate Erasmus’s “continued allegations” and to independently consider the evidence to be presented by him. Although Erasmus initially refused to participate, he told the M&G he was now preparing an affidavit “as I need to get my life back”.
In response to questions posed by Erasmus at Sasol’s annual general meeting, its chief executive and president, Fleetwood Grobler, said Sasol has “very focused, clear robust processes in terms of whistleblowing. “We have an independent assessment of all these allegations.”
But Erasmus said Sasol “blatantly omitted” to its shareholders that the HRC did state that it “will rather investigate my evidence as a separate matter against Sasol concerning hazardous waste non-compliance and the vanadium waste. Sasol also omits the fact that a criminal investigation has been launched against them concerning my evidence on the Benfield hazardous waste, vanadium.”
Sasol said its approach to environmental compliance management “continues to be transparent and collaborative”, but Erasmus questioned this. “Why was the ethics case closed in which I supplied copious amounts of evidence concerning the chemical sewer valves?”
According to Sasol, Erasmus left the employ of the company after entering into a mutual separation agreement and was not forced or coerced to resign or sign a non-disclosure agreement, contrary to media reports. It started disciplinary proceedings against Erasmus in January 2020 “for inappropriate behaviour in the workplace over an extended period, which was, inter alia, affecting his work relationships with colleagues”, and the proceedings were “not in any way related to Erasmus … exercising his rights as a whistleblower”.
Erasmus countered that an “800-page disciplinary action is a pretty clear intimidation tactic. Also, what Sasol fails to mention is my unlawful suspension on 27 May 2019 and then offering me one year’s salary to resign out of the blue. When I refused, I got stuffed with this 800-page disciplinary and then they offered me this two years’ salary, which I also refused.”
Because courts were closed because of Covid-19, he had no prospect of having a labour court date before being fired. “I had to pay for a house and buy food for the children, so I was given the option … take money or lose the house … with the resolve to take up the case as soon as the SAHRC and the DFFE has started criminal investigations so … I’m back again to fight the so-called separation agreement I was coerced to sign, or be dismissed anyway.”
He said that at the time, his mental health and his family were in pieces. “I made the decision to put my family first. They were as tired as I was with the five years of constant dismissal attempts, victimisation, time fraud, short pay fraud, written and verbal threats, assault and many other intimidation tactics like following me around Secunda.”
In a letter to Grobler in November, Erasmus wrote how it is “time to step up” and show courage and integrity. “I have evidence of non-compliant hazardous waste disposal for years at the Benfield units … that the very same valves I testified on at the SAHRC were replaced and repaired in the following two weeks very quickly over a weekend,” he said, asking why a Sasol media statement denied them being broken at the time.
He said that he had to walk the path for speaking up on his own. “Not Sasol human resources, managers or even the Sasol ethics department helped me. When I contacted the ethics management to report retaliation, as prescribed in the ‘Sasol ethics code’, I was reprimanded …. I was suspended and disciplined with bogus charges when I decided to push ahead with ‘speaking up’ on the Benfield waste disposal non-compliance.”
Erasmus Sasol issued a new whistleblower policy in July 2020, “the same month I, as a Sasol whistleblower, was forced to resign or face a fifth bogus disciplinary hearing where I was charged for allegedly harassing the manager who assaulted me twice and verbally threatened me, also being the same manager who is responsible for the correct disposal of vanadium waste at the Sasol Benfield units”.
He said the company trusted him to work with billions of rands worth of process equipment and the safety of the plant and his fellow employees for more than 15 years. When he started to expose the Benfield hazardous waste non-compliance as a deliberate negligence in 2015, “suddenly I was unstable, unsafe to be let on the plant, a troublemaker, insubordinate and insolent … I went from a highly engaged employee to Sasol enemy number one just for doing my work properly and having the integrity to do so.”
According to Erasmus, Sasol has “caused so much damage to me and my family, just so that they can try and cover up their illegal activities. I will not stop, I will not go away, I will see to it that the truth comes out one way or another. I will not let this fade away. I want my life back and I will have justice.”
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