The Whistleblower and Witness Protection Act

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CHAPTER 446
THE WHISTLEBLOWER AND
WITNESS PROTECTION ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
part ii
PUBLIC INTEREST DISCLOSURE AND PROCEDURE
4. Public interest disclosure.
5. Procedures for making disclosure.
6. Matters exempted from disclosure.
7. Procedure when disclosure is made orally.
8. Action by Competent Authority after receipt of disclosure.
part iii
PROTECTION OF WHISTLEBLOWERS AND WITNESSES
9. Protection of whistleblowers.
10. Circumstances that may attract protection of whistleblowers.
11. Protection of witnesses.
12. Transfer and relocation.
13. Reward and compensation.
14. Void employment contracts.

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604
part iv
GENERAL PROVISIONS
15. Regulations.
16. Offences in relation to Competent Authority.
17. Offences in relation to whistleblower.

R.E. 2023]
604
part iv
GENERAL PROVISIONS
15. Regulations.
16. Offences in relation to Competent Authority.
17. Offences in relation to whistleblower.

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Whistleblower and Witness
Protection Act. 2. This Act shall apply to Mainland Tanzania. 3.

RT I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Whistleblower and Witness
Protection Act. 2. This Act shall apply to Mainland Tanzania. 3.

In this Act, unless the context requires 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 person who has
an authority to investigate the wrongdoing reported;
and
Short title
Application
Interpretation
CHAPTER 446
THE WHISTLEBLOWER AND WITNESS PROTECTION ACT
An Act to promote and facilitate reporting of organised crimes, corruption
offences, unethical conduct, abuse of office, illegal and dangerous
activities; to provide for the protection of whistleblowers and witnesses
against potential retaliation or victimisation; to provide for a legal
mechanism to reward and compensate whistleblowers and witnesses and
to provide for other related matters. [1st July, 2016]
[GN. No. 110 of 2016]
Act No. 20 of 2015

reward and compensate whistleblowers and witnesses and
to provide for other related matters. [1st July, 2016]
[GN. No. 110 of 2016]
Act No. 20 of 2015

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606
(c) an institution, a head or senior person of an institution
vested with powers to investigate such a wrongdoing
disclosed by a whistleblower;
“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.

fore 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
4.–(1) A 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 community
is endangered, has been endangered or is likely to be
endangered;
(d) in a public institution there has been, there is likely
to be waste, misappropriation or mismanagement of
public resources or abuse of office; or
(e) the environment has been degraded, is being degraded
or is likely to be degraded. Public interest
disclosure

blic resources or abuse of office; or
(e) the environment has been degraded, is being degraded
or is likely to be degraded. Public interest
disclosure

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THE WHISTLEBLOWER AND WITNESS PROTECTION ACT [CAP. 446 R.E. 2023]
(2) Without prejudice to the generality of subsection (1), a
whistleblower may disclose a 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 of
subsection (2) shall, at all times, maintain confidentiality of
the disclosure and the whistleblower.

A person who receives the disclosure in terms of
subsection (2) shall, at all times, maintain confidentiality of
the disclosure and the whistleblower.

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 committing
or is about to commit the 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. 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 prejudice-
(a) the interest of the sovereignty and integrity of the
United Republic;
(b) the security of the state;
Procedures
for making
disclosure
Matters exempted
from disclosure

the sovereignty and integrity of the
United Republic;
(b) the security of the state;
Procedures
for making
disclosure
Matters exempted
from disclosure

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608
(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.–(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.

lower 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. 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 whistleblower with an acknowledgement in
writing of receipt of the disclosure; and
(d) keep the disclosure confidential and in safe custody
pending investigation of the 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. Procedure when
disclosure is
made orally
Action by
Competent
Authority
after receipt of
disclosure

stitution vested with
the powers to investigate it. Procedure when
disclosure is
made orally
Action by
Competent
Authority
after receipt of
disclosure

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THE WHISTLEBLOWER AND WITNESS PROTECTION ACT [CAP. 446 R.E. 2023]
(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
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).

s
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.–(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
(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 to protect the whistleblower. Protection of
whistleblowers
Circumstances
that may attract
protection of
whistleblowers

capable of
providing protection to protect the whistleblower. Protection of
whistleblowers
Circumstances
that may attract
protection of
whistleblowers

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610
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-
(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. 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.–(1) For the purpose of promoting and facilitating reporting
of a wrongdoing, a whistleblower or a witness may be rewarded
or compensated.

sidence. 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
through which reward or compensation as the case may be
shall be made. (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. (4) For the purpose of this section “law enforcement
agencies” includes the Police Force, Prevention and Combating
of Corruption Bureau, Tanzania Intelligence and Security
Services Agency, Tanzania Wildlife Conservation Authority
and like institutions. Protection of
witnesses
Transfer and
relocation
Reward and
compensation

rvices Agency, Tanzania Wildlife Conservation Authority
and like institutions. Protection of
witnesses
Transfer and
relocation
Reward and
compensation

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THE WHISTLEBLOWER AND WITNESS PROTECTION ACT [CAP. 446 R.E. 2023]
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 from making a complaint in
respect of retaliation and victimisation; 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
15. The Minister may make regulations providing for the better
carrying out the provisions of this Act. 16.–(1) A Competent Authority or a person under his authority
who divulges any information relating to the identity of a
whistleblower, commits an offence, and on conviction, shall
be liable to a fine of not less than fifteen million shillings or to
imprisonment for a term of not less than five years or to both.

conviction, shall
be liable to a fine of not less than fifteen million shillings or to
imprisonment for a term of not less than five years or to both.

(2) A Competent Authority which 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 on conviction, shall be liable to a fine
of not less than fifteen million shillings or to imprisonment for
a term of not less than five years or to both. 17.–(1) A person who knowingly discloses false information
relating to a wrongdoing commits an offence and on
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. Void employment
contracts
Regulations
Offences in
relation to
Competent
Authority
Offences in
relation to
whistleblower

million
shilling, or to both. Void employment
contracts
Regulations
Offences in
relation to
Competent
Authority
Offences in
relation to
whistleblower

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612
(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 on conviction shall 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.