An environmental whistle-blower dubbed ”Boksburg’s Erin Brockovich” has effectively stopped the building of an allegedly illegal petrol station in a listed wetland after Sasol, the main investor in the development, pulled out of the project.
But Nicole Barlow, a medical representative from the East Rand town, is still being hauled before the high court by the developers for ”harassment”. Her lawyer has advised her that she could be sued for millions of rands.
Ten days after the Mail & Guardian reported last month on Barlow’s battle with Petro Props, developers of the filling station in the Libradene wetland in Boksburg, Sasol announced it was pulling out of the project.
Group communications manager Marina Bidoli said Sasol had originally agreed to lease the site from the developer ”after a study of traffic patterns … indicated that it would be an attractive business opportunity”. Sasol was responsible for assessing the feasibility of the filling station and for the installation of fuel pumps, tanks, shop fittings and signage.
Explaining the pull-out, Bidoli said: ”Sasol is not satisfied that the validity of the authorisation for construction of a filling station on the Libradene site has been determined, and that the required approvals and authorisations for the development of the site have been granted.”
The Gauteng department of agriculture, conservation and environment is investigating whether signatures on the record of decision giving authorisation for the development were forged.
”The department requires the assistance of the developer in this investigation and this has not been forthcoming. That is the reason this investigation is taking so long,” said departmental spokesperson Sizwe Matshikiza in response to questions from the M&G this week.
The department has ordered Petro Props to stop building. Matshikiza said it was preparing to apply for a court order to have the development, which is near completion, demolished and the site rehabilitated.
”The question of whether the building will be pulled down will be decided by the court … but without such a court order, it is possible that the developer may approach other partners to continue with construction of a filling station.”
Barlow, who lives down the road from the development, raised the alarm in April last year when she noticed the filling station was being built in a wetland classified as an ”irreplaceable site” by the Gauteng department.
The whistle-blower said she was worried that destabilisation of the wetland would lead to flooding of large townships downstream, including Katlehong, Vosloorus and Thokoza. The wetland is also the source of a river that feeds into the Vaal river system, which would be at risk from toxic spills and pollution.
Her motivation was to tackle the department for authorising the development — not to take on the developer in the style of film heroine Erin Brockovich. The latter discovered a cover-up involving contaminated water in the United States and ended up fighting a David-versus-Goliath battle that won 100 afflicted families compensation of $333-million.
Barlow’s outspoken criticism has made her a popular figure on the East Rand. On the weekend of the M&G article last month, supporters painted the message ”Go Nicole” in pink on a banner outside the deserted building site.
But the red tape and legal actions had been costly for her, she said this week. Last week she had to take two days off to wait for the case being brought against her to be placed on the roll at the Johannesburg High Court.
Petro Props applied for an order interdicting her from ”directly or indirectly unlawfully harassing and/or interfering” with its ”rights of enjoyment” of the Libradene property. It also applied for ”further and/or alternative relief” and for Barlow to pay the costs.
The Sandton-based company’s managing director, Andre du Plessis, said in papers that a deeds office search had shown Barlow did not have sufficient assets to make an action for damages worthwhile.
Judge J Horn postponed the case to next Wednesday and instructed Petro Props to bring the action against the Libradene Wetland Association, made up of East Rand residents which Barlow chairs, rather than bringing the action against her in her personal capacity.
Petro Prop’s attorney, Shane van Graan, had not returned the M&G’s calls at the time of going to press.