CHAPTER 08:11
WHISTLEBLOWING

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Information the disclosure of which is protected

    3.    Disclosure of impropriety

    4.    Protection of disclosure of impropriety

    5.    Disclosures made on frivolous or other grounds

    6.    Disclosures concerning merits of Government policy

    7.    Disclosures motivated by object of avoiding disciplinary action

    8.    Person to whom or institution to which disclosure of impropriety may be made

PART III
Procedures for disclosure of impropriety and related action

    9.    Procedures for making disclosure

    10.    Reduction of disclosure into writing

    11.    Action by person who receives disclosure of impropriety

    12.    Compulsory receipt of disclosures

    13.    Investigation

PART IV
Protection for making disclosure of impropriety

    14.    Protection of whistleblower

    15.    Protection against civil and criminal action

    16.    Void provision in employment contracts

PART V
Offences and penalties

    17.    Making false disclosures

    18.    Disclosing the identity of a whistleblower

    19.    Disclosure of information to a third party

    20.    Disclosing the details of the disclosure

    21.    Victimisation of whistleblower

    22.    Failure to take action by an authorised person

PART VI
Miscellaneous

    23.    Regulations

Act 9, 2016,
S.I. 140, 2016.

    An Act to provide for the manner in which a person may disclose conduct adverse to the public interest; to provide for the manner of reporting and investigations of disclosures of impropriety; and the protection against victimisation of persons who make the disclosures; and to provide for related matters.

[Date of Commencement: 9th December, 2016]

PART I
Preliminary (ss 1-2)

1.    Short title

    This Act may be cited as the Whistleblowing Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "Auditor General" means a public officer whose office is created under section 124 of the Constitution;

    "authorised person" means a person authorised under section 8 to receive a disclosure of impropriety;

    "Botswana Defence Force" means the Botswana Defence Force established under the Botswana Defence Force Act (Cap. 21:05);

    "Botswana Police Service" means the Botswana Police Service established under the Police Act (Cap. 21:01);

    "Botswana Prisons Services" means Botswana Prisons Services established under the Prisons Act (Cap. 21:03);

    "Botswana Unified Revenue Service" means the Botswana Unified Revenue Service established under the Botswana Unified Revenue Service Act (Cap. 53:03);

    "Competition Authority" means the Competition Authority established under the Competition Authority Act (Cap. 46:09);

    "Directorate of Intelligence and Security" means the Directorate of Intelligence and Security established under the Intelligence and Security Service Act (Cap. 23:02);

    "Directorate on Corruption and Economic Crime" means the Directorate on Corruption and Economic Crime established under the Corruption and Economic Crime Act (Cap. 08:05);

    "disclosure of impropriety" means any declaration of information made by a whistleblower with regard to the conduct of one or more persons where the whistleblower has reason to believe that the information given shows or tends to show an impropriety;

    "employee" means any person who has entered into a contract of employment for the hire of his or her labour in terms of the Public Service Act (Cap. 26:01), Employment Act (Cap. 47:01), Botswana Defence Force Act (Cap. 21:05), Police Act (Cap. 21:01) or Prisons Act (Cap. 21:03), and includes—

    (a)    any person who provides a service for reward to a public body; and

    (b)    an employee of a person providing services to a public body;

    "Financial Intelligence Agency" means the Financial Intelligence Agency established under the Financial Intelligence Act (Cap. 08:07);

    "impropriety" means conduct which falls within any of the matters specified in section 3;