South Africa: Media Statement - Committee On Forestry, Fisheries and Environment Calls for Protection of Whistleblowers

press release

The Portfolio Committee on Forestry, Fisheries and the Environment today resolved to intensify its oversight of alleged environmental violations linked to Sasol's operations.

The committee received protected disclosures from two stakeholders who raised concerns about pollution of land, air and water associated with Sasol. It also heard allegations of maladministration within SANParks.

Due to the sensitive nature of the submissions, including concerns regarding the safety, intimidation and victimisation of whistleblowers, the committee sought a legal opinion on how best to approach these issues. Given the level of public interest involved, the legal opinion recommended an open and transparent oversight process.

In the Sasol matter, an employee made a disclosure regarding discharges and environmental contamination involving toxic and carcinogenic substances. These concerns are consistent with findings from academic studies conducted in surrounding areas and water bodies near Sasol operations and have also been widely reported in the media.

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The committee noted that the employee has since been dismissed, and that, if it should be established that the dismissal was linked to the disclosure, this may be inconsistent with the protections afforded to whistleblowers under applicable legislation. If confirmed that the dismissal resulted from the disclosure, it will be inconsistent with the protections afforded to whistleblowers under the law.

The Chairperson of the committee, Ms Nqabisa Gantsho, said that while the committee does not have jurisdiction over labour relations matters, it has a constitutional mandate to exercise oversight over environmental governance and compliance. "We will pursue a follow-up engagement on the Sasol matter, particularly as these issues have been reported to institutions such as the Public Protector, the South African Human Rights Commission and law enforcement agencies," the Chairperson said. "The committee supports the protection of whistleblowers and expects that all necessary measures are taken to safeguard individuals who act in the public interest."

The committee has resolved to have further meetings with key institutions, including the Department of Water and Sanitation, the National Prosecuting Authority, the Department of Forestry, Fisheries and the Environment, the relevant municipality and the South African Human Rights Commission to provide briefings. Environmental compliance, enforcement and the protection of whistleblowers, particularly under the National Environmental Management Act, are among the agenda items.

Ms Gantsho emphasised that these matters raise serious concerns regarding Section 24 of the Constitution, which guarantees the right to an environment that is not harmful to health and wellbeing.

Regarding allegations of maladministration at SANParks, the committee has requested the Minister of Forestry, Fisheries and the Environment, Mr Willie Aucamp, to verify them, including claims of irregular appointments and potential abuses of authority. The Minister has indicated that the disciplinary process involving the affected official has been suspended pending consideration of the available reports. The Minister is expected to brief the committee in due course.

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