Dear Reader,

For now, I would like to keep the company’s name anonymous. I have come to realise that it is not just this company but many others – it seems to be a global issue. I am truly inspired by what other countries have achieved, and I believe that with unity and support, we can follow in their footsteps. Organisations like The Whistleblower House (TWBH) have already taken the lead.

When I reported unsafe and illegal operations of MHI (Major Hazardous Installations), the term “whistleblower” never crossed my mind. These were operations involving plants with highly explosive atmospheres. In the event of a gas leak and ignition, an explosion could occur, posing a catastrophic threat to the environment, human lives, and animals.

As a competent and knowledgeable person in the industry, it was expected of me to turn a blind eye and assume legal responsibility for these hazards. This meant not only breaching strict company policies and disciplinary codes but also violating the company’s values and their code of conduct, which is regarded as one of the best in the world. Unfortunately, they did not have a whistleblower policy in place, as required by stock exchange regulations. I had to rely on my own discretion and wisdom.

By staying silent, I would have been in violation of Government Gazette Publications, the OHS Act, and South African law. I chose to do what was right and blow the whistle. This was not my first experience; about 10 years ago, I faced a similar situation.

Repeatedly, I warned the company’s senior management that we were heading for a disaster, much like the one that had previously killed many employees. I was instructed to stay quiet, which I could not do. The victimisation and retaliation eventually wore me down. The pressure imposed on me made it hard for me to function; I became dysfunctional, and the fear of making a mistake and being dismissed became overwhelming. The predicament in 2005 taught me this lesson. In 2006, Dr Lukas Steenkamp advised me that if it happened again, I should seek refuge at Denmar. I did so on 20 October 2015. In the end, I chose to be placed on medical disability – a desperate measure for survival and income, as I could not afford to be without an income.

In 2019, after recovering from the ordeal of 2014-2016, I contacted the company’s CEO and delivered a two-hour presentation. I was dismissed, and soon after, I began litigation.

Here’s the important part: make sure you get assistance from an organisation like The Whistleblower House of South Africa. I had no idea what awaited me – not only the rarity of whistleblower cases in SA but also the financial and emotional toll it would take. It didn’t just affect me, but also my family, especially my wife, Elsa, who has stood by me for nearly 33 years. The legal battle for compensation for my loss of income, pain, and suffering was tough, but I pushed forward with faith, trusting that God would protect me.

Networking is crucial, as the road is long and difficult. Many struggle with the isolation, and it helps to share with others who have similar experiences.

I contacted the authorities at all levels because this is a matter of life and death, as well as law. I cried out for about five years, but I was continually brushed off. Despite the company’s criminal actions, I received no help from the government. It’s ironic that criminals get legal assistance from the government if they can’t afford it, yet law-abiding citizens like whistleblowers don’t have that privilege.

It’s hard to believe that convicted criminals get free housing, medical care, and food, while whistleblowers, who lose their jobs for doing the right thing, are left to beg or turn to crime themselves. There is no glamour in being a whistleblower, despite what many people think. It’s a harsh reality, so be prepared and contact The Whistleblower House of SA for support.

The first verdict is in the public domain and can be found on Google, with sections [6], [16], [28], and [29] being particularly important. He was subjected to occupational detriment by several employees of his former employer(s) during the course and scope of their employment with the employer(s) over an extended period of time, causing work-induced stress and mental anguish, culminating in a mental disorder and psychiatric injury.

Let’s hope for change soon. Abiding by the laws of South Africa should be commendable, and whistleblowers should not be treated like criminals.

Best regards,
Hilmar Cramer

source:https://whistleblowerhouse.org/2024/10/11/my-life-as-a-whistleblower-in-south-africa/

Sasol South Africa (Pty) Ltd and Others v Cramer (3338/2019) [2023] ZAFSHC 108 (11 April 2023)