The recent ruling by Zambia’s Court of Appeal in favor of a whistleblower marks a historic milestone for the protection of whistleblowers in Africa. This decision was made under Zambia’s Public Interest Disclosure Act, also known as the Protection of Whistleblowers Act of 2010, a legal framework that, unfortunately, is illusive across the continent.
The legislative landscape protecting whistleblowers in Africa remains very limited, with South Africa being the only country on the continent to have actively implemented this type of legislation.
The ruling has been given in the case of whistleblower Grandy Ntumbo, published today in Bloomberg. Ntumbo, a former auditor at Zambia’s Finance Ministry, became a whistleblower by alleging that high-ranking officials were siphoning public funds, including misappropriating World Bank money meant for girls’ education and channeling millions through a Treasury account under dubious expense claims. Despite submitting detailed evidence and raising concerns about systemic corruption and retaliatory harassment, his claims led to little concrete action as no significant reforms or prosecutions followed, and he continued to face personal and professional persecution.
With PPLAAF’s support, Ntumbo made a legal submission against Zambian authorities, specifically citing the initiation of disciplinary proceedings against him, the non-payment of his salary, and the failure to provide him with safe and secure housing., arguing that these actions were unjust and a consequence of his whistleblowing and failure to properly apply the whistleblower protection laws. Additionally, he requested interim relief by asking that the transfer and disciplinary measures be stayed, that his salary be paid, and that he be relocated to a safe house, thereby ensuring his protection while the merits of his case were examined. Zambia’s court of appeal granted leave to commence a judicial review. Although his initial application was made two years after the first contested decision, the court extended the statutory time limit in light of the public interest. The court rejected the respondents’ arguments that the renewed application was procedurally defective or unfit for judicial review, finding instead that the case presented a prima facie issue warranting a full inter-partes hearing. Consequently, it ordered that the transfer and disciplinary actions remain suspended, the applicant’s salary be paid, and that the Anti-Corruption Commission (ACC) provide Ntumbo relocation to a safe house during the judicial review process. To date, against the orders of the court, Ntumbo still has not been provided with an alternative safe house or been paid the back salary he is owed.
The Zambian government has constantly presented the fight against corruption as a priority. According to the 2024 Corruption Perceptions Index report by Transparency International, Zambia ranks 92nd among the least corrupt nations. The Index ranks 180 countries based on the perceived levels of corruption in the public sector. The case of Ntumbo however demonstrates that the fight against corruption is not a priority as per the Zambian President’s statements and appears to be selectively applied. The misappropriation of public funds by senior authorities in government over three decades is a serious issue that needs to be dealt with decisively.
“Protecting whistleblowers, not persecuting them, is fundamental to Zambia’s broader fight against corruption,” said Gemma-Maé Hartley, PPLAAF’s Southern Africa Project Officer. “This ruling is a step in the right direction.”
This case not only represents a victory for the Zambian whistleblower but also for all whistleblowers and, the fight against corruption in Africa. The ruling by Zambia’s Court of Appeal serves as a ray of hope, indicating that more countries across the continent could follow this example by enacting solid legislative frameworks to protect those who fight for transparency.
PPLAAF is a non-governmental organisation established in 2017 to protect whistleblowers and advocate and engage in strategic litigation on their behalf when their revelations deal with the general interests of African citizens.
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