Sasol faces fines of up to R10-million if it is convicted of unlawfully disposing of hazardous chemicals in the Vaal River system in a “manner that was likely to cause pollution or harm to human health and well-being”.
This is set out in the state’s 12-page charge sheet against the energy giant, which lists six counts in contravention of the National Environmental Management: Waste Act at its Secunda Synfuels Operations in Mpumalanga.
On Tuesday, Nomia Machebe, in her capacity as a representative of Sasol South Africa Limited, appeared briefly in the Secunda magistrate’s court. The matter was postponed to 13 January next year.
The charges against Sasol include the unauthorised disposal of waste; unlawful prejudice and/or dismissal of a whistleblower, who in “good faith” disclosed evidence of a potential environmental risk; disposal that is likely to cause pollution; commencing with listed activities without environmental authorisation and the unlawful, negligent disposition/discharge of contaminated water into a water resource.
Groundwater pollution
The state accuses Sasol of illegally discharging/disposing of waste containing vanadium, diethanolamine and potassium carbonate “through the chemical drain valve at the Benfield West phase 1 area into the chemical sewer, which flowed into the API dams” between January 2012 and February 2019 at its Synfuels Operations. API dams are catchment dams for storm water and for polluted water. The water in these dams is recycled for use in Sasol’s processes.
In the same period, Sasol “unlawfully and negligently disposed of waste in a manner that was likely to cause pollution or harm to health and well-being”, by disposing vanadium into the API dams – this water is used in the cooling processes of the facility – and “also discharged it into the neighbouring [Klipspruit] river”. This could cause groundwater and environmental pollution.
If convicted of the offence of disposal that is likely to cause pollution, Sasol is liable to a fine not exceeding R10-million, or to no longer than a 10-year imprisonment term, or both.
The company, too, is accused of constructing a desalination plant without environmental authorisation or the necessary permits between June 2013 and June to December 2014 and rehabilitating the Black Product Area (a lined dam where the Benfield chemical waste was disposed of prior to 2016) without environmental authorisation or the relevant permits between May 2003 and December 2005. A person found guilty of each of these offences could also be liable to a fine not exceeding R10-million or up to 10 years imprisonment, according to the charge sheet.
Unfair dismissal of whistleblower
The charge for the unlawful prejudice and dismissal concerns whistleblower Ian Erasmus, a former process artisan, who in “good faith disclosed evidence of a potential environmental risk”. In March 2021, Mail & Guardian reported how Erasmus had endured “years of hell” after blowing the whistle on the company’s alleged unlawful disposal of the hazardous waste into the Vaal River system.
According to the charge sheet, during July 2020, Sasol’s directors did “unlawfully and intentionally prejudice or cause to prejudice a person who is within the employ of Sasol Secunda … Ian Erasmus”.
At the time of his employment, Erasmus “was situated and conducting his duties at the Benfield/Cold separation Units West side, under the employ of Sasol Secunda”, “until his unlawful dismissal in July 2020, by terminating Ian Erasmus’s contract of employment without any reasonable grounds”, the charge sheet reads.
If Sasol is convicted of this offence, it is liable to a fine not exceeding R5-million or to imprisonment not exceeding five years “and in the case of a second or subsequent conviction”, to a fine not exceeding R10-million or to imprisonment for a period not exceeding 10 years, the charge sheet said.
‘Mass pollution’
Erasmus, who attended the criminal proceedings on Tuesday, said this week he lives in fear because of “doing my job correctly and ethically as I was instructed to do by the very many company policies …
“Seven years ago, this journey started for me when I insisted broken valves must be repaired and replaced and the protocol for disposal to be adhered to strictly,” he said.
“Rightfully, one of the charges brought against them is for ignoring my evidence, which could have [very easily and cheaply prevented mass pollution].
“Unfortunately, there are no charges on anyone yet for ignoring my pleas for help to stop the continued victimisation, threats and assault and the so-obvious attempts at constructive dismissal.”
Full cooperation
In a statement, Sasol said: “On Wednesday, 27 July 2022, the National Prosecuting Authority served Sasol with a summons instituting criminal proceedings. The charge relates to historical aspects of environmental management at its Secunda operations.
“The summons follows an investigation by the National Environmental Management Inspectorate, as an agency of the department of forestry, fisheries and the environment. Sasol fully cooperated with the authorities in this investigation.
“The first appearance in this matter was in the Secunda magistrates court on 20 September. The matter was postponed to 13 January 2023 for further investigation by the state, while Sasol awaits the docket.”
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