Whistleblowers Act excludes private media
Goitsemodimo Kaelo | Friday July 22, 2016 13:35
He said while the aim of the bill is to encourage people to report possible practices of corruption, whistleblowers must be highly protected from possible victimisation. Therefore the government has no guarantee that the media will protect the whistleblowers especially the private media, which the government has no control over, Makgalemele said. He said the media survives by making reports public, which may be against what the Act seeks to achieve.
Makgalemele’s comments were a response to a suggestion from MP for Gaborone Central, Phenyo Butale who had called on the assistant minister to consider the possibility of including the media in the list of persons to whom or institution to which disclosure of impropriety may be made. Butale, a former journalist, deliberated on how the media has made significant contributions to the fight against corruption in the country. He said it is therefore appropriate that they also be included in the institutions to which disclosure of impropriety may be made to strengthen them to continue with their work.
“The media has contributed significantly in the fight against corruption. It is for this reason that I think the minister should look into including them in the list of appointing authorised persons to receive disclosures of impropriety,” argued Butale.
Butale’s comments followed previous comments by the director general of the Directorate on Corruption and Economic Crime (DCEC), Rose Seretse who in the past acknowledged the contribution of the media in the fight against corruption. Seretse has said in a number of public platforms that some of the cases they investigate have been from media reports.
Section 8 of the Whistleblowing Bill, 2015 provides the list of persons to whom or institutions to which disclosure of impropriety may be made. The list starts with the country’s corruption watchdog, the DCEC. Others include the spy agency, the Directorate of Intelligence and Security (DIS), the Ombudsman, the Auditor General, Botswana Police Service, Botswana Unified Revenue Service and the Financial Intelligence Agency.
Makgalemele also said they will look into expanding the list of persons or authorities to receive disclosures but will not include the media. “I am considering the suggestions to amend and expand the list but will not include the media because some of them are private and not regulated by government, so it is not guaranteed that they will protect the whistleblowers as per the Act,” he said.
He noted that there have been other suggestions to include the disciplined forces such as the Botswana Defence Force unit, the Military police and the Department of Prisons and Rehabilitation adding that he will revisit the list to consider them.
Makgalemele further said that they will re-look the issue of Section 9 (3a), which seeks to force the whistleblower to give his/her full names, address and occupation. He agreed with several MPs who said that whistleblowers should be given the choice to disclose their identities or remain anonymous. However, the assistant minister said that it will be undesirable to offer incentives to whistleblowers as a way of encouraging people to make disclosures.
Meanwhile, Parliament passed the Bill. Many MPs who contributed to the debate were of the view that the Bill was long overdue. Gaborone North MP Haskins Nkaigwa welcomed the Bill but called on government to look into the issue of the independence of the institutions listed as authorised to receive disclosures of impropriety. He said even those who report on suspicion of wrongdoing should be protected by the Act.
Vice President Mokgweetsi Masisi said the Bill shows government’s efforts in fighting corruption.