The Law Commission received submissions from the Anti-Corruption Bureau in September, 2022. This was followed by empanelling the special Law Commission on the Development of Legislation on the Protection of Whistleblowers in 2023.

Background

Malaŵi does not have a robust institutional framework that protects whistleblowers from retribution due to its fragmented legal framework on matters of whistleblowing. The provision for whistleblowing is scattered in several pieces of legislation; however, these laws are sector-specific, which limits the provision of whistleblowing protections to a few circumstances that do not adequately protect the whistleblower. Retribution against whistleblowers is therefore common and severe, as such, deters many from whistle-blowing even where the act would be in good faith and in the interest of the public.

To counter the retribution against whistleblowers, it is pertinent that a legislation for purposes of protecting whistleblowers be developed. Such a law will encourage whistleblowing by making the process safer and fostering a favourable environment for those who disclose misconduct or other illegal activity.

Current Status

The process of developing a legislation on the Protection of Whistleblower is currently near completion. The special Law Commission has already held a national validation workshop and is currently in the process of compiling the findings and recommendations.

Funding: The Government of Malaŵi, and German Corporation for International Cooperation (GIZ)

Relevant documents: Issues Paper, Discussion Paper, Consultation Paper

Stage: Compiling finding and recommendations

Chairperson: Honourable Justice John Chirwa

Programme officers: Ms. Tapiwa Banda, Chief Law Reform Officer;

    Ms. Ndamo Somba, Principal Law Reform Officer; and

    Mr. Titani Chalira, Principal Law Reform Officer