A Special Law Commission on the development of legislation for the protection of whistleblowers has proposed stiff penalties aimed at facilitating smooth reporting of corruption, fraud and other illegal activities.
Among other things, the Special Law Commission has recommended that an act of retaliation against a whistleblower should be an offence, attracting a fine of K25 million and imprisonment of not more than five years.
“Breaching of the confidentiality protection provision that will be provided for in the proposed legislation should be an offence.
“The penalty should be a fine of K25 million and imprisonment for not more than five years,” reads one of the documents circulated to delegates to a national validation conference held in Lilongwe yesterday.
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The commission has further recommended that obstructing the functions of a coordinating committee by concealing information or altering documents or recordings should be an offence.
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Is has also proposed that “malicious reports” should receive stiff punishment.
“Making a malicious report by any person should be an offence. The penalty should be a fine of K25 million and imprisonment of not more than five years,” one of the recommendations says.
At the day-long conference, the Special Law Commission also made presentations on mechanisms for protection of whistleblowers and witnesses, institutional arrangement, investigation and disclosures, report handling and disclosures and incentives for whistleblowers.
On the incentives, the commission says it is against establishing a fund for rewarding whistleblowers for disclosing information, saying that “would encourage malicious and vexatious” reports.
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During the opening of the conference, Chairperson for the Special Law Commission, Judge John Chirwa of the High Court, said the proposed legislation will help deter corruption, fraud and other illegal activities.
“Whistleblowing not only ensures that perpetrators of misconduct are apprehended and adequately punished for their actions, but it also nurtures a culture of transparency, integrity and ethical conduct,” Chirwa said.
He acknowledged that while there are other laws that provide for whistleblowing such as the Access to Information Act and the Corrupt Practices Act, the laws do not provide for comprehensive protection of whistleblowers.
Director of Public Prosecutions Masauko Chamkakala said his office will benefit from the proposed legislation.
“When whistleblowers get protected, we will get vital information which we need in prosecuting cases. What will be very important in this process for us is how we disseminate this piece of legislation so that people get encouraged to come and report the activities which they feel are suspicious,” Chamkakala said.
The Special Law Commission has since July 2023 held meetings to discuss issues pertaining to the proposed law.
