Whistleblowers left without protection

Whistleblower protection in Namibia remains uncertain as officials clash over anonymity, retaliation risks and the stalled implementation of the Whistleblower Protection Act.

Institute for Public Policy Research executive director Graham Hopwood says whistleblowers will fear retaliation if they are expected to reveal their names to report improper conduct, crime or corruption.

He says this in response to Anti-Corruption Commission (ACC) director general Paulus Noa encouraging whistleblowers to come forward and testify under oath.

Noa was reacting to allegations of financial mismanagement and governance failures at the Namibia University of Science and Technology (Nust).

“The Anti-Corruption Act and the Criminal Procedure Act only give limited protection, mainly immunity from prosecution, but it doesn’t provide protection from retaliation and the repercussions that could follow,” Hopwood says.

Namibia’s Whistleblower Protection Act, which was developed to establish a whistleblowers’ protection office, has not been implemented despite being passed eight years ago.

Hopwood calls for the operationalisation of the act.

In the meantime, he urges the ACC to “be reassuring rather than putting off whistleblowers – even if this means following up on anonymous reports”.

The act embraces establishing procedures for the disclosure of improper conduct, provides for the investigation of disclosures and the protection of whistleblowers, and provides for the review of certain decisions.

It also provides remedies for people against whom detrimental action is taken and dealing with incidental matters.

The act criminalises retaliation against reporters and imposes a fine of N$75 000 or a jail term not exceeding 15 years, or both, for anyone convicted of retaliation.

Noa, however, says he did not say whistleblowers have to reveal their identities or that the ACC would reveal their identities to the public.

He says it is common practice for any person to furnish the ACC with information in connection with corrupt practices.

“For years, the ACC has protected the identities of people who came to report corruption. Our Anti-Corruption Act stipulates that the identities of those reporting ought to be protected. They must come forth to us,” Noa says.

So far, he says no one has reported to the ACC regarding allegations made against Nust head Erold Naomab and the university’s management.

The director general says the ACC will not be used by individuals to tarnish the image and good standing of others.

“Imagine you were Naomab or the people being mentioned there. No. Why don’t these people then not want to come and report the matter to us and let us protect their identities?

“The second reason is that we can also give them feedback on the progress of the investigation. But they should rest assured that the evidence they bring to us, including their statement taken under oath, will never be revealed to a third party.

“No, that is confidential,” he says.

Noa last week asked whistleblowers who circulated a damning dossier on Naomab and senior officials to present sworn statements if their claims are genuine.

He dismissed reliance on unsigned documents and social media leaks, stressing that the commission could not act on anonymous allegations.

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