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ACTS SUPPLEMENT No. 4 11th May, 2010. ACTS SUPPLEMENT to The Uganda Gazette No. 27 Volume CIII dated Uth May 2010. Printed by UPPC, Entebbe, by Order of the Government. |
Act 6 Whistleblowers Protection Act 2010 THE WHISTLEBLOWERS PROTECTION ACT, 2010. |
ARRANGEMENT OF SECTIONS. Section. Part I—Preliminary.
Part II—Protected Disclosures.
Part III—Procedures for Disclosure.
Part IV—Action by Person who Receives Disclosure of Impropriety.
Part V—Protection of Whistleblowers.
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Part VI—Offences And Penalties. Disclosing the identity of a whistleblower. Disclosing the details of a disclosure. Victimisation of a whistleblower. Making false disclosures. Part VII—Miscellaneous. Unlawfully failing to take action. Rewards. Regulations. SCHEDULE SCHEDULE—Currency Point |
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THE WHISTLEBLOWERS PROTECTION ACT, 2010. An Act to provide for the procedures by which individuals in both the private and public sector may in the public interest disclose information that relates to irregular, illegal or corrupt practices; to provide for the protection against victimisation of persons who make disclosures; and to provide for related matters. Date of Assent: 22nd April, 2010. Date of Commencement: 11th May, 2010. Be it enacted by Parliament as follows: Part I—Preliminary.
In this Act, unless the context otherwise requires— “authorised officer” means the Speaker of Parliament or Deputy Speaker of Parliament, the Executive Director of National Environment Management Authority in case of environment issues, Resident District Commissioner, a Senior Ethics Officer with the Directorate of Ethics and Integrity, a human rights commissioner with Uganda Human Rights Commission, the Director of Public Prosecutions, an inspectorate officer of the Inspectorate of Government, a police officer not below the rank of Assistant Inspector of Police; |
“currency point” means the value specified in relation to a currency point in the Schedule; |
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“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—
committed, is being committed or is likely to be committed;
or is likely to occur;
with any legal obligation to which that person is subject;
been, is being or is likely to be deliberately concealed; “employee” means a person who has entered into a contract of service or contract for services or an apprenticeship contract, and includes a person who is employed by or for the Government of Uganda, including the Public Service, a local authority or a parastatal organisation and member of the Uganda Peoples’ Defence Forces; “employer” means a person or group of persons, including a company or corporation, a public, regional or local authority, a governing body of an unincorporated association, a partnership, a parastatal organisation or other institution or organisation, whatsoever, for whom an employee works or has worked, or normally worked or sought to work, under a contract of service or contract for services; and includes the heirs, successors, assignees and transferors of a person or group of persons for whom an employee works, has worked, or normally works; 4 |
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“good faith” means the honest intent to act without taking an unfair advantage over another person and includes honesty, fairness, lawfulness of purpose and absence of any intent to defraud; “harass” means a systematic, persistent or continual unwanted and annoying pestering that may include threats or demands; “impropriety” means conduct which falls within any of the categories of the definition of disclosure referred to in paragraphs (a) to (d) irrespective of whether or not—
Uganda or outside the Republic of Uganda; or
of Uganda or outside the Republic of Uganda; “Minister” means the Minister responsible for ethics and integrity; “occupational detriment” means a reasonable belief or fear on the part of the whistleblower that he or she may be subjected to dismissal, suspension, harassment, discrimination or intimidation; “parastatal” means a body owned wholly or controlled by government or an agency of Government; “protected disclosure” means a disclosure made to—
“regulations” mean the regulations made under this Act; “victimisation” means and includes—
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“whistleblower” means a person, who makes a disclosure of impropriety under this Act. Part II—Protected Disclosures
committed, is being committed or is likely to be committed;
neglected to comply with any legal obligation to which that officer or employee is subject;
likely to occur;
is being or is likely to be deliberately concealed.
impropriety contained in it are substantially true;
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the disclosure. (3) The protection afforded to a whistleblower under this Act shall not cease when his or her identity as whistleblower has been revealed, where the whistleblower was not responsible for the revelation.
their employer;
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employment;
will be subjected to occupational detriment if he or she makes a disclosure to his or her employer;
evidence relating to the impropriety will be concealed or destroyed if he or she makes the disclosure to his or her employer; or
has been taken or the whistleblower reasonably believes or fears that the employer will take no action.
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receipt of the disclosure; and
and in safe custody pending investigation of the impropriety.
vexatious or not made in good faith; or
Part III—Procedures For Disclosure
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committed, who is committing or is about to commit the impropriety;
place, took place or is likely to take place;
witnessed the commission of the impropriety;
or of some other impropriety on a previous occasion and if so, about whom and to whom the disclosure was made; and
whether the whistleblower remains in the same employment.
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Part IV—Action by Person Who Receives Disclosure of Impropriety
Part V—Protection of Whistleblowers
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employer or any other person who the whistleblower claims has victimised him or her; and
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.
family is endangered or likely to be endangered as a result of the disclosure, |
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may request state protection and the state shall provide the protection considered adequate.
Where in the course of an investigation under section 8, the investigator has reasonable grounds to believe—
likely to be destroyed, concealed, tampered with; or
investigation is being restrained by pressure of obligation to a confidentiality agreement with the persons or official secrets law to which the disclosure relates, the investigator may apply to the court for an order to preserve the evidence or documents or to release the person willing to provide the information from the perceived restraint.
disclosure;
of victimisation;
before an institution to claim relief or remedy in respect of victimisation; or
employee from making a disclosure. 13 |
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Part VI—Offences And Penalties
A person who unlawfully discloses, directly or indirectly, the identity of a whistleblower, commits an offence and is liable on conviction to imprisonment not exceeding five years or a fine not exceeding one hundred and twenty currency points or both.
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 imprisonment not exceeding five years or a fine not exceeding one hundred and twenty currency points or both.
A 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 imprisonment not exceeding five years or a fine not exceeding one hundred and twenty currency points or both.
A 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 imprisonment not exceeding five years or a fine not exceeding one hundred and twenty currency points or both.
An 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 imprisonment not exceeding five years or a fine not exceeding one hundred and twenty currency points or both. 14 |
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Part VII—Miscellaneous
made;
regulations not exceeding a fine of one hundred twenty currency points or imprisonment not exceeding five years or both; and
respect of each day on which the contravention continues. |
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Act 6 Whistleblowers Protection Act 2010 SCHEDULE section 1 CURRENCY POINT One currency point is equivalent to twenty thousand shillings. |
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