Whistleblowers Protection Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ authorised officer ” means the Speaker of Parliament or Deputy Speaker of Parliament, the Executive Director of the National Environment Management Authority in case of environment issues, a Resident District Commissioner, a senior ethics officer with the Directorate of Ethics and Integrity, a human rights commissioner with the Uganda Human Rights Commission, the Director of Public Prosecutions, an inspectorate officer of the Inspectorate of Government and a police officer not below the rank of Assistant Inspector of Police; “ currency point ” has the value assigned to it in the Schedule to this Act; “ disclosure ” 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 one or more of the following— (a) that a criminal offence or other unlawful act has been committed, is being committed or is likely to be committed; (b) that a miscarriage of justice has occurred, is occurring or is likely to occur; (c) that a person has failed, is failing or is likel...

Section Disclosure of impropriety Section A person may make a disclosure of information where that person reasonably believes that the information tends to show— Subject to any other law to the contrary, any disclosure of an impropriety made by a whistleblower is protected where he or she— that a corrupt, criminal or other unlawful act has been committed, is being committed or is likely to be committed; that a public officer or employee has failed, refused or neglected to comply with any legal obligation to which that officer or employee is subject; that a miscarriage of justice has occurred, is occurring or is likely to occur; or that any matter referred to in paragraphs (a) to (c) has been, is being or is likely to be deliberately concealed. makes the disclosure in good faith ; reasonably believes that the disclosure and any allegation of impropriety contained in it are substantially true; makes the disclosure to an authorised officer ; maintains the confidentiality of his or her identity as whistleblower and takes reasonable steps to avoid its discovery; and maintains the confidentiality of the information contained in the disclosure . The protection afforded to a whistleblower...

Section Persons qualified to make disclosures Section Disclosures of impropriety may be made— by an employee in the public or private sector in respect of their employer ; by an employee in respect of another employee ; by a person in respect of another person; or by a person in respect of a private or public institution. Nothing in this Act shall be construed as prohibiting the making of anonymous disclosures. A person who makes an anonymous disclosure shall not be entitled to the protection conferred under this Act.

Section Persons to whom or institutions to which disclosure may be made Section External disclosures may be made in the following instances— External disclosures of impropriety may be made to any of the following institutions— Disclosures of impropriety may be made internally to an employer of the whistleblower in cases where the whistleblower ’s complaint pertains to his or her place of employment. where the complaint does not pertain to the whistleblower ’s employment; where the whistleblower reasonably believes that he or she will be subjected to occupational detriment if he or she makes a disclosure to his or her employer ; where the whistleblower reasonably believes or fears that evidence relating to the impropriety will be concealed or destroyed if he or she makes the disclosure to his or her employer ; or where the complaint has already been made and no action has been taken or the whistleblower reasonably believes or fears that the employer will take no action. the Inspectorate of Government; the Directorate of Public Prosecutions; the Uganda Human Rights Commission; the Directorate for Ethics and Integrity; the Office of the Resident District Commissioner; the Parliament o...

Section Compulsory receipt of disclosures Section When a disclosure of impropriety is made to a person specified in section 4 , the person shall— Where the authorised officer receiving the disclosure is satisfied, after a preliminary investigation— An authorised officer shall receive all disclosures made by a whistleblower . make a record of the time and place where the disclosure is made; give to the whistleblower an acknowledgment in writing of receipt of the disclosure ; and keep the writing in which the disclosure is made confidential, and in safe custody pending investigation of the impropriety . Notwithstanding subsection (1) , receipt of a disclosure by an authorised officer shall not preclude the exercise of his or her discretion in determining whether or not the disclosure reveals actionable impropriety . that the matter contained in the disclosure is trivial, frivolous, vexatious or not made in good faith ; or that further investigation would be unnecessary or improper, he or she may stay the investigation. The whistleblower shall have a right to receive a written communication from the authorised officer stating the reasons for the refusal to continue with the investigat...

Section Procedure for making disclosure Section The disclosure shall contain as far as practicable— A disclosure of impropriety may be made orally or in writing. All forms of information communication technology may be used to convey a disclosure . the full name, address and occupation of the whistleblower ; the nature of the impropriety in respect of which the disclosure is made; the name and particulars of the person alleged to have committed, who is committing or who is about to commit the impropriety ; the time and place where the alleged impropriety is taking place, took place or is likely to take place; the full name, address and description of a person who witnessed the commission of the impropriety ; whether the whistleblower has made a disclosure of the same or of some other impropriety on a previous occasion and if so, about whom and to whom the disclosure was made; and if that person is making an employment related disclosure , whether the whistleblower remains in the same employment.

Section Reduction of disclosure into writing Section Where a whistleblower makes a disclosure orally, the person to whom the disclosure is made shall cause the disclosure to be reduced into writing containing the same particulars as are specified in section 6(3) . 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 certify that the information contained in the statement is true and correct before making a mark to it.

Section Investigation Section Where a disclosure of impropriety is made to a person specified under section 4 , the authorised person shall investigate or cause an investigation into the matter and take appropriate action. Any investigation undertaken in respect of the disclosure of impropriety shall be carried out expeditiously. Where the authorised person to whom the disclosure is made determines that he or she does not have the capability to undertake the investigation, he or she shall, within seven working days, refer the disclosure to a competent authority provided for in section 4(3) or to the Minister .

Section Protection against court action Section A whistleblower shall not be liable to civil or criminal proceedings in respect of a disclosure that contravenes any duty of confidentiality or official secrecy law where the whistleblower acts in good faith .

Section State protection Section A whistleblower who makes a disclosure and who has reasonable cause to believe that— his or her life or property; or the life or property of a member of the whistleblower ’s family, For the purposes of this section, “family” means spouse, father, mother, child, grandchild, brother or sister.

Section Application to court for assistance Section Where in the course of an investigation under section 8 , the investigator has reasonable grounds to believe— that evidence or documents relevant to the investigation are likely to be destroyed, concealed, tampered with; or that a person willing to provide information relevant to the investigation is being restrained by pressure of obligation to a confidentiality agreement with the persons or official secrets law to which the disclosure relates,

Section Void employment contracts Section A provision in a contract of employment or other agreement between an employer and an employee is void if it— seeks to prevent the employee from making a disclosure ; has the effect of discouraging an employee from making a disclosure ; precludes the employee from making a complaint in respect of victimisation ; prevents an employee from bringing an action in court or before an institution to claim relief or remedy in respect of victimisation ; or if it has the effect of creating fear or discouraging the employee from making a disclosure . Subsection (1) shall apply to a contract of employment or agreement in existence on the commencement of this Act.

Section Protection from victimisation Section A whistleblower shall be considered victimised on account of making a protected disclosure where— the whistleblower , being an employee is— A complaint made under subsection (3) shall contain the following particulars— A whistleblower shall not be considered victimised if the person against whom the complaint of victimisation is directed— A person shall not be subjected to any victimisation by his or her employer or by any other person on account of or partly on account of having made a protected disclosure . dismissed; suspended; denied promotion; demoted; made redundant; harassed; intimidated; threatened with any of the matters set out in subparagraphs (i) to (vii) ; subjected to a discriminatory or other adverse measure by the employer or a fellow employee ; or not being an employee , the whistleblower is subjected to discrimination or intimidation by a person or an establishment affected by the disclosure . A whistleblower who honestly and reasonably believes that he or she has been victimised as a result of his or her disclosure may make a complaint to either the Inspectorate of Government or the Uganda Human Rights Commission for...

Section Disclosing identity of whistleblower Section Any person who unlawfully discloses, directly or indirectly, the identity of a whistleblower , commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.

Section Disclosing details of disclosure Section Where a person to whom the disclosure is made fails to keep confidential the disclosure , the person commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.

Section Victimisation of whistleblower Section Any person who, either by himself or herself or through another person, victimises a whistleblower for making a disclosure commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.

Section Making false disclosures Section Any person who knowingly makes a disclosure containing information he or she knows to be false and intending that information to be acted upon as a disclosed matter, commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.

Section Unlawfully failing to take action Section Any authorised officer who does not take action upon receipt of a disclosure made to him or her, commits an offence and is liable, on conviction, to a fine not exceeding one hundred twenty currency points or to imprisonment for a term not exceeding five years, or both.

Section Rewards Section A whistleblower shall be rewarded for his or her disclosure , five percent of the net liquidated sum of money recovered consequent upon the recovery of the money, based on that disclosure . A whistleblower shall be paid within six months after the recovery of the money.

Section Regulations Section Without prejudice to the general effect of subsection (1) , regulations may be made under that subsection for all or any of the following matters— The Minister may, by statutory instrument, make regulations for the purposes of carrying out or giving full effect to this Act. further disclosure procedures; other persons or institutions to whom disclosures may be made; prescribing penalties in respect of the contravention of the regulations not exceeding a fine of one hundred twenty currency points or imprisonment not exceeding five years, or both; and an additional penalty not exceeding five currency points in respect of each day on which the contravention continues.

Section Power to amend Schedule Section The Minister may, by statutory instrument, with the approval of Cabinet, amend the Schedule to this Act.