Africa-Press – Namibia. • JB TJIVIKUA
IN 2003, THE CRUCIAL role of whistleblowers, and the need for whistleblower protection, were recognised as part of international law when the United Nations adopted the Convention Against Corruption.
This convention was signed by 140 nations and formally ratified, accepted, approved, or acceded to by 137 nations.
History shows that protecting whistleblowers and providing them with safe spaces to come forward is critical in the fight against corruption – whether on a national scale, as seen at the State Capture Commission (Zondo Commission) in South Africa, or the Fishrot scandal in Namibia, with more than US$650 million flagged as suspicious proceeds, roping in Fishcor and Icelandic fish processing firm Samherji, or on a smaller scale within individual organisations.
In its 2020 Report to the Nations, the Association of Certified Fraud Examiners (ACFE) found that 48% of occupational fraud in sub-Saharan Africa was detected by tips from whistleblowers, the majority of whom were employees. Additionally, organisations with effective hotlines and report-receiving mechanisms reduced median losses from occupational fraud by 33% compared to those without.
Importantly, the report further noted that in sub-Saharan Africa, the size of an organisation had a limited impact on the importance of whistleblower and hotline programmes. The ACFE noted that whistleblower and hotline programmes resulted in the detection of 48% of occupational fraud cases in entities with fewer than 100 employees, and 44% of cases in those with more than 100 employees. This key metric indicates the importance of strong whistleblower protocols no matter the size or scope of an organisation.
REPERCUSSIONS
Employees are vital in the fight against corruption and losses because of occupational fraud. However, organisations will be unable to tap into this if employees don’t trust that they can be protected from retribution.
It is important to understand that retaliation goes beyond overt threats and dismissals that have been widely publicised. Repercussions may also include isolation, bullying or poor performance ratings.
To ensure that whistleblowers feel able to communicate concerns, management needs to foster an environment where whistleblowers know that they will be protected from retaliation. Robust protection for whistleblowers is a key pillar in the fight against fraud and corruption.
Citizens want those who engage in corruption to know that once the whistle has been blown, law enforcement agencies have a good chance of investigating and catching suspects. They want prosecutions, and the culprits to be jailed. If any of these pillars are weak, it compromises the fight against corruption.
In South Africa, the legal system offers protection to whistleblowers. The Protected Disclosures Act (2000) was developed specifically to protect employees who expose workplace malfeasance.
Once a whistleblower protected by the act comes forward, any professional consequences or retaliation they experience are considered an offence.
The act also imposes obligations on employers. Chief among these is requiring them to take all possible steps to protect whistleblowers from retribution, victimisation or retaliation. These may include protecting the whistleblower’s identity or transferring them, with their consent, to other areas of the organisation.
These provisions are also reinforced by the Protection for Whistleblowers Act (Section 159), which provides both civil and criminal immunity for any disclosures made.
In addition, whistleblowers can also rely on the Witness Protection Act of 1988, which makes the disclosure of a whistleblower’s identity an offence.
GOVT MUST STEP UP
Whistleblowing enables justice and transparency. It empowers employees and creates an environment of accountability that rejects wrongdoing.
Overall, it makes for an environment in which employees feel protected from issues that can harm them.
Greed, ambition, and a desire for power are among the psychological forces that propel corruption. Institutional forces, such as poor governance, lack of transparency, flawed decision-making systems, and inefficiencies and scarcities are also possible reasons for why corruption persists and must be fought tooth and nail.
In summary, choosing to blow the whistle on wrongdoing is a major decision. It is not one taken lightly. Whistleblowers are also called realtors; those who see something wrong and choose to speak up about it. It is not an easy decision and can prove costly. But as whistleblowers prioritise doing what is right over what is easy, so too must the government. It must prioritise the speedy implementation of the whistleblower act.
Corruption in Namibia is rife in public institutions. One has only to look at the Fishrot scandal. It involves different institutions, governance systems, corrupt public officials and senior politicians. According to Trading Economics, Namibia’s corruption ranking is projected to trend at around 56.00 this year and 54.00 in 2023.
Namibia needs strong measures to protect whistleblowers.
Regrettably, our Whistleblower Protection Act, enacted five years ago – in 2017, has not been operationalised, apparently because of a lack of funds. It can be rightfully asked if the government is downplaying the seriousness of the situation.
* Major general JB Tjivikua served in the Namibian Police for 27 years.
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