The Whistleblower and Witness Protection Act R:E 2022
This provision says the Act may be cited as the Whistleblower and Witness Protection Act.
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- Jurisdiction
- Tanzania
- Instrument
- Act or statute
- Citation
- The Whistleblower and Witness Protection Act R:E 2022
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- Language
- en
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Statute overview
About this statute
This provision says the Act may be cited as the Whistleblower and Witness Protection Act. This Act applies to Mainland Tanzania. This section defines key terms used in the Act, including Competent Authority, Minister, whistleblower, public interest disclosure, witness, and wrongdoing. A person may make a public interest disclosure to a Competent Authority if they reasonably believe wrongdoing, crime, danger, or public-resource or environmental harm has occurred, is happening, or is likely to happen. A person may make a disclosure in writing, sign language, orally, or through print, electronic media, public meetings, and rallies.
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Legal text
Provisions of The Whistleblower and Witness Protection Act R:E 2022
Showing 17 of 17
- 1
AI-assisted research summary: This provision says the Act may be cited as the Whistleblower and Witness Protection Act.
1. This Act may be cited as the Whistleblower and Witness Protection Act. Application - 2
AI-assisted research summary: This Act applies to Mainland Tanzania.
2. This Act shall apply to Mainland Tanzania. Interpretation In this Act, unless the context requires - 3
AI-assisted research summary: This section defines key terms used in the Act, including Competent Authority, Minister, whistleblower, public interest disclosure, witness, and wrongdoing.
3. otherwise- “Competent Authority” means- (a) in the case of a wrongdoing committed within a public or private institution, a head or senior person of that institution who has an authority to investigate the wrongdoing reported or, if the matter is beyond his powers, to forward the same to another institution responsible for investigation; (b) in the case of a wrongdoing that is committed outside a public or private institution, a senior 3 Whistleblower and Witness Protection Act [CAP. 446 R.E. 2022] person who has an authority to investigate the wrongdoing reported; and (c) an institution, a head or senior person of an institution vested with powers to investigate a such whistleblower; a wrongdoing disclosed by “Minister” means the Minister responsible for legal affairs; “whistleblower” means any person who makes the disclosure of wrongdoing in accordance with the provisions of this Act; “public interest disclosure” means a disclosure of information by a whistleblower in respect of organised crime, corruption offences, abuse of office, unethical conduct, illegal and dangerous activities; “witness” means a person who gives or agrees to give evidence before a court or quasi judicial body or makes a statement to a law enforcement agency; “wrongdoing” means any of the matters specified under section 4. PART II PUBLIC INTEREST DISCLOSURE AND PROCEDURE Public interest disclosure Cap. 4 s. 8
Part
PART II
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AI-assisted research summary: A person may make a public interest disclosure to a Competent Authority if they reasonably believe wrongdoing, crime, danger, or public-resource or environmental harm has occurred, is happening, or is likely to happen.
4.-(1) Any person may make a public interest disclosure before a Competent Authority if that person is of reasonable belief that- (a) a crime has been committed, is about to be committed or is likely to be committed; (b) another person has not complied with a law or is in the process of breaking a law or is likely to break a law which imposes an obligation on that person; (c) the health or safety of an individual or been community endangered or is likely to be endangered; endangered, has is (d) in a public institution there has been, there is likely to be waste, misappropriation or mismanagement of public resources or abuse of 4 Whistleblower and Witness Protection Act [CAP. 446 R.E. 2022] office; or (e) the environment has been degraded, is being degraded or is likely to be degraded. (2) Without prejudice the generality of to (1), a whistleblower may disclose a subsection wrongdoing to a person who has authority in a locality or a person to whom a whistleblower has trust and that person shall refer the disclosure to a Competent Authority. (3) The person referred to under subsection (2) shall include- (a) a Chairman or member of a Village Council; (b) a head of recognised religious body; (c) a Councilor, Mayor or Council Chairman; or (d) a Member of Parliament. (4) A person who receives the disclosure in terms times, maintain shall, at all (2) subsection of confidentiality of the disclosure and the whistleblower. Procedures for making disclosure - 5
AI-assisted research summary: A person may make a disclosure in writing, sign language, orally, or through print, electronic media, public meetings, and rallies.
5.-(1) A disclosure may be made in writing, sign language or orally and may contain as far as practicable- (a) the full name, address and occupation of a whistleblower; (b) the nature of the wrongdoing in respect of which the disclosure is made; (c) the person alleged to have committed, who is the is about to commit committing or wrongdoing; and (d) the time and place where the alleged wrongdoing is taking place, took place or is likely to take place. (2) A person may disclose a wrongdoing in public provided that he conforms to the provisions of section 4. (3) Without prejudice to the provisions of section 4, a disclosure may be made by way of print, electronic media, public meetings and rallies. Matters exempted from disclosure - 6
AI-assisted research summary: During an investigation under this Act, a person cannot be required or allowed to provide information, answer questions, produce documents, or give other assistance if that would likely prejudice listed national interests.
6.-(1) In the course of investigation under this Act, a person shall not be required or authorised to furnish any information, answer any question, produce any document or information or render any other assistance likely to 5 Whistleblower and Witness Protection Act [CAP. 446 R.E. 2022] Procedure when disclosure is made orally prejudice- (a) the interest of the sovereignty and integrity of the United Republic of Tanzania; (b) the security of the state; (c) friendly relations with a foreign state; (d) public order, decency or morality or lead to contempt of court, defamation or incitement to commit an offence; or (e) disclosure of proceedings of the Cabinet. (2) The provisions of subsection (1) shall not be used as a defence to any wrongdoing under this Act. - 7
AI-assisted research summary: If a whistleblower makes a disclosure orally or by sign language, the Competent Authority must put it in writing; extra steps apply for illiterate, blind, or physically disabled whistleblowers.
7.-(1) Where a whistleblower makes a disclosure orally or by sign language, a Competent Authority to whom the disclosure is made shall cause the disclosure to be put into writing containing the same particulars as specified in section 5. (2) Where the whistleblower is illiterate, the writing required to be made under subsection (1) shall be read over, interpreted and explained to the whistleblower in a language the whistleblower understands and the whistleblower shall approve it before making a mark to it and a certificate to this effect shall be attached to the writing. (3) In the case of a person who is blind or with some other physical disability, but literate, a certificate as required in subsection (2) shall be made with the necessary modification. Action by Competent Authority after receipt of disclosure - 8 Verify source ↗
Short title
AI-assisted research summary: A Competent Authority must record, process, and keep confidential a disclosure of wrongdoing, and may seek advice from the Attorney General.
8.-(1) Where a disclosure of wrongdoing is made in accordance with the provisions of this Act, a Competent Authority shall- (a) record the time and place where the disclosure is made; (b) sign and cause the disclosure to be counter signed or marked, as the case may be, by the whistleblower; (c) issue the an whistleblower acknowledgement in writing of receipt of the disclosure; and with 6 Whistleblower and Witness Protection Act [CAP. 446 R.E. 2022] (d) keep the disclosure confidential and in safe the investigation pending of custody wrongdoing. (2) Subject to subsection (1), where a Competent Authority is not legally authorised to investigate a wrongdoing, the Competent Authority shall, immediately after receipt of the disclosure, refer the matter to an institution vested with the powers to investigate it. (3) Investigation undertaken in respect of a wrongdoing shall be carried out as expeditiously as possible. (4) In the course of discharging duties under this Act, a Competent Authority may seek advice from the Attorney General. PART III PROTECTION OF WHISTLEBLOWERS AND WITNESSES Protection of whistleblowers
Part
PART III
- 9
AI-assisted research summary: A whistleblower is protected if the disclosure is made in good faith, is reasonably believed to be substantially valid, and is made under the Act, subject to section 10.
9.-(1) Subject to the provisions of section 10, a whistleblower shall be protected if- (a) the disclosure is made in good faith; (b) the whistleblower has reasonable cause to believe that the information disclosed and allegation of wrongdoing contained in it is substantially valid; and (c) the disclosure is made in accordance with the provisions of this Act. (2) A whistleblower shall not be subjected to criminal or civil proceedings in respect of a disclosure made in terms of subsection (1). - 10
AI-assisted research summary: A Competent Authority must protect a whistleblower in the listed risk situations and refer the matter elsewhere if protection is beyond its powers.
10.-(1) A Competent Authority shall, upon application by a whistleblower or on the basis of the information gathered, protect him if there is a reasonable belief or fear on the part of the whistleblower as a result of disclosure that- (a) he may be subjected to dismissal, suspension, harassment, discrimination or intimidation or any other form of victimisation by his employer or members of staff; or 7 Circumstances that may attract protection of whistleblowers Whistleblower and Witness Protection Act [CAP. 446 R.E. 2022] (b) his life or property or the life or property of a person of close or interpersonal relationship is endangered or is likely to be endangered. (2) Where a Competent Authority is satisfied that the whistleblower needs protection that is not within his powers, he shall refer the matter to the institution that is capable of providing protection the whistleblower. to protect Protection of witnesses - 11
AI-assisted research summary: The Competent Authority must refer a witness-protection matter to an institution able to protect the witness when the stated risk conditions are met.
11. Where a Competent Authority, either on the application of the witness or on the basis of the information gathered, is of the opinion that- Transfer and relocation Reward and compensation (a) a witness may be subjected to dismissal, suspension, harassment, discrimination or intimidation by his employer; or (b) the life or property of the witness or the life or property of a person of close or interpersonal relationship with the witness is endangered or is likely to be endangered, the Competent Authority shall refer the matter to an institution that is capable of providing protection to protect the witness. - 12
AI-assisted research summary: A Competent Authority may transfer a whistleblower or witness to another job or relocate them to another place of residence.
12. Without prejudice to the generality of sections 10 and 11, a Competent Authority may cause the whistleblower or witness to be transferred to another employment or relocated to another place of residence. - 13
AI-assisted research summary: A whistleblower or witness may be rewarded or compensated, and the Minister must make regulations on how this is done.
13.-(1) For the purpose of promoting and facilitating reporting of a wrongdoing, a whistleblower or a witness may be rewarded or compensated. (2) Subject to subsection (1), the Minister, in consultation with the Minister responsible for law enforcement agencies, shall by regulations, provide the procedure and manner reward or compensation as the case may be shall be made. through which (3) For the purpose of effecting reward and compensation under this Act, competent authorities within public and private institutions shall set aside budget to that effect. 8 Whistleblower and Witness Protection Act [CAP. 446 R.E. 2022] (4) For the purpose of this section “law enforcement agencies” the Police Force, Prevention and Combating of Corruption Bureau, Tanzania Intelligence and Security Services Agency, like Tanzania Wildlife Conservation Authority and institutions. includes Void employment contracts - 14 Verify source ↗
Protection of whistleblowers
AI-assisted research summary: Employment agreement terms that block disclosure, complaints about victimisation or retaliation, or access to court or another institution for relief are void.
14. A provision in a contract of employment or other agreement between an employer and an employee shall be void if- (a) it seeks to prevent an employee from making a disclosure; (b) has the effect of discouraging an employee from making a disclosure; (c) precludes an employee complaint victimisation; and in respect of from making a retaliation and (d) it prevents an employee from bringing an action in court or before an institution to claim relief or remedy in respect of retaliation or victimisation. PART IV GENERAL PROVISIONS Regulations
Part
PART IV
- 15
AI-assisted research summary: The Minister may make regulations to better carry out this Act.
15. The Minister may make regulations providing for the better carrying out the provisions of this Act. Offences in relation to Competent Authority - 16
AI-assisted research summary: A Competent Authority or a person under that authority commits an offence if they reveal a whistleblower’s identity. A Competent Authority also commits an offence if they fail to act on reported wrongdoing and that failure causes loss to a public institution.
16.-(1) Any Competent Authority or any person under his authority who divulges any information relating to the identity of a whistleblower, commits an offence and shall, upon conviction, be liable to imprisonment for a term of not less than five years or to a fine of not less than fifteen million shillings, or to both. (2) Any Competent Authority who fails to take an action in relation to the wrongdoing reported by a whistleblower and as a result of that failure he occasions loss to a public institution, commits an offence and shall, upon conviction, be liable to imprisonment for a term of not less than five years or to a fine of not less than fifteen 9 Whistleblower and Witness Protection Act [CAP. 446 R.E. 2022] Offences in relation to whistleblower million shillings or to both. - 17 Verify source ↗
Regulations
AI-assisted research summary: This section makes it an offence to knowingly disclose false information about a wrongdoing, and it also prohibits a whistleblower or recipient of a disclosure from passing that information to the person concerned.
17.-(1) Any person who knowingly discloses false information relating to a wrongdoing commits an offence and upon conviction shall be liable to imprisonment for a term of not less than one year or to a fine of not less than three million shilling, or to both. (2) A whistleblower or a person to whom the disclosure of a wrongdoing is made shall not disclose any information relating to the disclosure to a person against whom or in respect of whom the disclosure is made. (3) A person who contravenes subsection (2) commits an offence and shall on conviction be liable to a fine of not less than three million shillings or to imprisonment for a term of not less than one year or to both. ____________________________ 10
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