Introduction
There is no whistleblowing legislation in Zimbabwe at present. However, section 31 of the Cyber and Data Protection Act [Chapter 12:07] in the country mandates the Data Protection Authority i.e., the Postal and Telecommunications Regulatory Authority of Zimbabwe (POTRAZ) to establish rules which provide for and govern whistleblowing in Zimbabwe. POTRAZ i.e., the Data Protection Authority of Zimbabwe has not yet established any rules governing whistleblowing in Zimbabwe.
What is whistleblowing?
Whistleblowing is, “essential in the fight against corruption both in the public and private sectors. The protection of whistleblowers from retaliation for reporting in good faith suspected acts of corruption and other wrongdoing is therefore integral to efforts to combat corruption, promote public sector integrity and accountability, and support a clean business environment.” see Ndlangana v Mine Health and Safety Council & Another [2022] ZALCJHB 193.
Section 3 of the Act defines “whistleblowing” in Zimbabwe to mean, the legal provision permitting individuals to report the behaviour of a member of their organisation which, they consider contrary to the law or regulation or fundamental rules established by their organisation.
Some institutions and / or organisations may prefer to use the term “openness and accountability” as opposed to whistleblowing. However, the process is the same, as the disclosure and / or reporting of wrongful information without malice, ulterior motive and / or the quest for vengeance / revenge.
Consequently, “whistleblowing” as it currently relates to Zimbabwe is still restricted and or confined to the reporting of behaviour of a member of an organisation, which they are a part of. It does not seem to extend and / or apply to the reporting of wrongful or unlawful behaviour of persons outside of one’s organisation. These are generally covered and / or included in legislative provisions such as:
- Criminal Procedure and Evidence Act [Chapter 9:07]
- Prevention of Corruption Act [Chapter 9:16]
- Constitution of Zimbabwe Amendment (No. 20), Act, 2013 which established the Zimbabwe Anti – Corruption Commission (ZACC).
It is useful to mention that the Public Interest Disclosure (Protection of Whistle Blowers) Bill is still being considered by Parliament and is yet to be enacted into law. When passed into law, the Public Interest Disclosure (Protection of Whistle Blowers) Act in Zimbabwe will provide for the disclosure of conduct averse to public interest in the public and private sector.
