Law Commission pushes for whistle-blower safeguards
The Special Law Commission on the Development of Legislation on the Protection of Whistle-blowers in Malawi has recommended that matters related to national security should be disclosed through Parliament.
This recommendation aims to create a more transparent process for handling such disclosures while protecting national security interests. Currently, any matters of national security are protected from disclosure under the law.
Law Commission chief law reforms officer and lead programme officer for the Development of Legislation on the Protection of Whistle-blowers, Tapiwa Banda, disclosed this on Thursday during a meeting organised by the National Democracy Institute (NDI) in Lilongwe.
She said the commission believes that exceptions are necessary, adding that during consultations some specific areas where transparency is crucial were identified, including recruitment, procurement, and administrative matters which could potentially highlight misconduct and illegal activities.
Banda said: “The commission considered the Tshwane principles that gave them guidance on how to handle disclosures that have a bearing on national security and that the Defence and Security Committee of Parliament will have to vet on whether or not to proceed with investigations and prosecutions.”
She also pointed out that the work has been delayed because the commission is facing financial constraints and is unable to do other consultations.
However, she added that the actual work has progressed quickly compared to other law reform programmes saying in under a year, 80 percent of the work has been completed.
According to her, a law reform programme takes about three years and sometimes 10 years.
In her remarks, Next Generation Leaders Alumni Association (Negla) co-president Christian Chikalimba observed that inadequate legal protection afforded to whistle-blowers in the country poses a significant challenge and leaves individuals who speak out against corruption and malpractices vulnerable to retaliation and intimidation.
Chikalimba added that this lack of protection not only discourages whistle-blowers from exposing wrongdoing but also undermines efforts to combat corruption and ensure accountability within both public and private sectors.
She said: “The absence of clear guidelines and safeguards contributes to a climate of fear and reluctance among potential whistle-blowers, stifling the potential for exposing misconduct and hindering the country’s progress towards a more transparent and accountable governance system.”
In a separate interview yesterday, Centre for Social Accountability and Transparency executive director Willy Kambwandira said he has reservations in having Parliament through the Defence and Security Committee vetting such investigations.
He said: “This may only fuel selective investigation and prosecution of corruption cases due to potential conflict of interest by some members within parliamentary committees.”
Currently, Malawi does not have a stand-alone legislation for the protection of whistle-blowers. However, in some legislations including the CPA, there are provisions for whistle-blowers’ protection, but the provisions are not strong enough to protect whistle-blowers 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 whistle-blower shall be liable to a fine of K50 000 and two years’ imprisonment.
