13 Jul 2016

 Leader of Opposition, Mr Duma Boko says the proposed Whistleblowing Bill No 19 of 2015 should include other institutions and platforms where people can invest their confidence to report or disclose impropriety.

Debating the Bill on Tuesday, Mr Boko said the proposed Bill was not addressing the problems which members of the community were faced with, but was reinstating the already existing legislation.

He said the real problem was not the absence of the legislation, but improper configuration of institutions and attitudes and perceptions that the public has had in respect of the said institutions.

He said under Section 8 which speaks about authorised institutions to receive disclosures of impropriety such as DCEC, DIS, Ombudsman and police needed to be revamped because such institutions no longer command respect from the public and that the public has lost faith and confidence in them.

“Even as we engage in trying to revamp these institutions, when this act is passed, other institutions or individuals should be introduced otherwise there will be no whistle blowers,” he said.

He further said the Bill should have identified problems that inform its formulation because it seems the bill seeks to address the mischief that people were not feeling encouraged enough to report because there was improper handling of issues.

Mr Boko said the handling of complaints by those charged with receiving them was inhospitable adding that the current community service centres were unwelcoming and the manner in which the public was received leaves much to be desired because there was no privacy.

Mr Boko suggested the bill should introduce in the legislation a provision where complaints can be made anonymous because currently the manner in which complainants were treated by the criminal justice system was victimising those who blow the whistle.

“The minute you report, you become a victim, you get persecuted yourself and you become a targeted person. But the reason for reporting information is that you want to get out of it,”

Mr Boko further said the bill should also broaden up the classes of authorised people to receive disclosures.

He said authorised persons to receive reports should not be vested with powers to choose which reports to take because they might be incapacitated to deal with certain environments which they are not their area of expertise. MP for Chobe, Mr Machana Shamukuni supported the bill, but concurred with MP Boko that the bill should extend the net for authorised persons and include institutions such as Botswana Defence Force intelligence and Commissioner of Labour.

The same sentiments were echoed by Nata-Gweta MP, Mr Polson Majaga who supported the bill, but noted that more institutions should be authorised to receive reports such as Department of Prisons.

MP for Ngami, Mr Thato Kwerepe, MP for Takatokwane, Mr Ngaka Ngaka and Kgalagadi North MP, Mr Itumeleng Moipisi emphasised the need to acquaint members of the public with the bill that also protects whistle blowers.  ENDS