04 Aug 2016

Parliament has rejected an amendment of Clause 19 of the Whistleblowing Bill.

Member of Parliament for Gaborone Central, Dr Phenyo Butale, tabled an amendment to clause 19. (1) which states that a whistleblower may, after making a disclosure of impropriety under this act, proceed to disclose the same information to a third party where such disclosure is made in good faith and in public interest.

He further said that subsection (2) be included in the clause, which states that a whistleblower who after making a disclosure of impropriety, proceeds recklessly to disclose the same information to a third party commits an offense and is liable to a fine not exceeding P5 000 or a term of imprisonment not exceeding two years or both.

The original clause from the bill as presented by the minister stated that a whistleblower who after making a disclosure of impropriety under this act, proceeds to disclose the same information to a third party, commits an offence and is liable to a fine not exceeding P10 000 or to a term of imprisonment not exceeding five years, or both.

Moving the amendment on Wednesday on behalf of Dr Butale, MP for Francistown South Mr Wynter Mmolotsi, said the amendment would allow a person to proceed and report a disclosure to a third party in an instance where the authorised institutions did not investigate the case.

He said the clause as is, would hinder people to report any impropriety because of the threatening penalties.

Mr Mmolotsi said the money should be reduced to P2 000 because he believed that  the offense did not warrant such a punishment in a situation where one made the disclosure in good faith and in public interest.

Minister for Presidential Affairs and Public Administration, Mr Eric Molale, opposed the amendment on the basis that when a bill is made, clauses are brought in totality not as stand alone hence amending the clause would distort the whole bill.

He further said the suggested amendment was ambiguous and did not even define who the third party was.

Mr Molale said the institutions listed as authorities for disclosures were governed by acts which meant that they would be held accountable if they failed to investigate cases of public interest. Therefore, the minister said there was no need to fear and have doubt over” these institutions because already they are mandated to investigate any improprieties.”

A total of 19 MPs rejected the amendment while 12 supported ENDS