ACB pushes for whistle-blower protection law

The Anti-Corruption Bureau (ACB) has made a fresh push towards the development of a new legislation to protect whistleblowers.

In an interview yesterday, ACB spokesperson Egrita Ndala said the bureau sourced some funds and asked the Special Law Commission to kick-start the process of developing the law.

She said: “The first meeting held on July 20 2023 was simply a preliminary one as there will be time when consultations will be made with different stakeholders to obtain input.”

Centre for Social Transparency and Accountability executive director Willy Kambwandira said the law will create room for whistleblowers to provide information without fear of any threats and attacks as is currently the case.

He said: “The current legislation does not provide sufficient protection to whistleblowers as evidenced by threats and attacks some whistleblowers have reported.

“As such, they are reluctant to come forward and provide evidence for fear of repercussions.”

Kambwandira said the Malawi Law Commission and other agencies must move with speed to have in place standing orders and guidelines that should promote compliance with legal provisions, protect whistleblowers and those assisting authorities in offering intelligence and evidence.

Political analyst Victor Chipofya from Malawi University of Business and Applied Sciences (Mubas) in Blantyre appealed to ACB officials to show integrity in protecting whistleblowers, saying the law alone cannot do without individuals’ integrity.

“Whistle-blowers must be protected by the State by any means because it becomes dangerous to share confidential information nowadays. There should be maximum integrity at ACB,” he said.

When developed, the law will provide for the statutory protection of whistle-blowers against reprisals and other forms of retribution that prevent potential whistleblowers from disclosing illegal acts or other forms of misconduct that are committed by individuals or institutions within the public and private sectors in a safe and reliable manner.

Currently, Malawi does not have a stand-alone legislation for the protection of whistleblowers. However, in some legislation including the Corrupt Practices Act (CPA), there are provisions of whistleblowers protection, but the provisions are not strong enough to protect whistleblowers as fines and sentences provided are lenient.

 For instance, Section 51 A (5) of the CPA provides that any person who takes any kind of action to punish or victimise a whistleblower shall be liable to a fine of K50 000 and two years’ imprisonment.