Protecting Whistleblowers in Southern Africa: A Regional Workshop Explores Commonalities and Differences
A recent regional workshop in Cape Town, South Africa brought together experts to discuss the commonalities and differences in whistleblower reporting and protection systems across Southern Africa. The event highlighted the progress made by countries like Mozambique in enacting laws to protect whistleblowers.
Whistleblower Protection Laws in Southern Africa
According to UNODC analysis, four countries in the region have dedicated whistleblower protection laws:
- Angola
- Botswana
- Malawi
- Namibia
Five other countries have provisions for whistleblower-type protection in other laws.
Definitions and Scope of Laws
The workshop explored the scope of these laws, including definitions of reporting persons, reportable wrongdoings, and external authorized reporting mechanisms. For example:
- Mozambique’s Prevention of Corruption Act 2005 defines a whistleblower as any person who prevents, threatens, or deters another from reporting corruption or does anything calculated to prejudice a person because they have given information.
- Botswana’s Whistleblowing Act 2016 and Namibia’s Whistleblower Protection Act of 2017 provide definitions of whistleblowers.
Protections for Reporting Persons
All four countries with dedicated whistleblower protection laws require that reporting persons not be mistreated, and provide for confidentiality and protection from civil and criminal proceedings. Additionally:
- South Africa’s Protected Disclosures Act 2000 (as amended in 2017) allows whistleblowers to apply to any court having jurisdiction.
Whistleblower Provisions in Other Laws
Countries with whistleblower provisions in other laws include:
- Malawi’s Anti-Corruption Act
- Mozambique’s Prevention of Corruption Act
Way Forward
Experts attending the workshop emphasized that while there are commonalities in the way the laws have been drafted, more needs to be done to identify challenges and change the landscape. The workshop provided a platform for countries to share experiences and learn from each other as they work towards stronger whistleblower protection systems.
Conclusion
The regional workshop highlighted the progress made by countries like Mozambique in enacting laws to protect whistleblowers. As experts emphasized, more needs to be done to identify challenges and change the landscape to create stronger whistleblower protection systems across Southern Africa.