Whistleblower Bill to strengthen fight against corruption

Parliament has passed the Whistleblower (Amendment) Bill, 2023, which seeks to specify the mode of rewards for whistleblowers.

The object of the Bill is to amend the Whistleblower Act, 2006 (Act 720) to expand the sources of money for the Fund, to provide a ceiling for the Fund and to specify the mode of rewards for whistleblowers.

The Whistleblower Act, 2006 (Act 720) was passed in 2006, as part of efforts at creating incentives and the proper structures to strengthen Ghana’s ability to combat corruption and other forms of unlawful conduct that negatively affect sustainable development efforts.

Section 20 of Act 720 established the Whistleblower Reward Fund with its main sources of funding being voluntary contributions and budgetary allocations by Parliament.
The possibility of delay in releases of approved budget into the Fund may affect prompt payment of rewards to whistleblowers.

In addition, Act 720 is silent on the period within which the Whistleblower should be rewarded for the efforts leading to successful recovery of monies or proceeds obtained from the sale of confiscated assets.

The amendments proposed are meant to cure the shortcomings in Act 720 by reducing over-reliance on budgetary allocations as the main sources of revenue into the Whistleblower Reward Fund, and to also provide for timelines for payment of the rewards to successful Whistleblower.

Mr. Kwame Anyimadu-Antwi, Chairman, Committee on Constitutional, Legal and Parliamentary Affairs, in his report to the House said the Committee stressed on the critical need for the protection of the identity of whistleblowers in order not to expose them to unnecessary recrimination by powerful and influential persons in society.

He said instituting strong whistleblower protection mechanisms was essential to safeguarding the safety of whistleblowers, encouraging citizens to report wrongdoings, and promoting a culture of public accountability and Integrity.

He noted that Committee urged persons to whom or institutions to which disclosure of impropriety was made pursuant to Section 3 of Act 720, to observe the highest form of confidentiality and put in place stringent protective measures to protect the identity of whistleblowers.

Mr. Anyimadu-Antwi said it was noted by the Committee that one of the main reasons for this proposed Amendment to Act 720 was to provide reliable and sustainable sources of funding into the Fund.

He said the intent was to avoid any form of demotivation arising out of delays in payment of rewards to whistleblowers.

He said the Committee therefore, urges the Minister responsible for Justice and Attorney-General to deepen collaboration with the Minister responsible for Finance for the timely releases of amount due the Fund following successful recovery of money or proceeds obtained from the sales of the confiscated assets as result of disclosure by whistleblowers.
“The motivation of persons to expose wrongdoing in both the private and public sectors is a major drive towards fighting fraud, corruption and unethical behaviour,” the Chairman said.

“As a result, the State should continually review its policies and legal frameworks geared towards incentivizing and protecting patriotic persons who volunteer information on wrongdoings in the country.”