Botswana

Published May 2025

Relevant legislation:

• Constitution of the Republic of Botswana (1990)
• United Nations Convention Against Corruption (UNCAC) 2003
• Southern African Development Community (SADC) Protocol Against Corruption
• Whistle Blowing Act No. 9 of 2016
• Corruption and Economic Crime Act
• Financial Intelligence Act of 2022

Summary

Whistleblowing and reporting crime, misconduct, and corruption are actively encouraged in the Republic of Botswana, which in 2016 enacted its own Whistle Blowing Act, No. 9 of 2016. The state actively encourages citizens to pass on information anonymously without fear of reprisal. To that end, the country has established hotlines that can be utilised to report incidents of corruption, fraud, and other illegal conduct. Prior to the enactment of the Whistle Blowing Act in 2016, Botswana had a reporting agency, the Directorate on Corruption and Economic Crime, which was tasked with receiving information on malpractices and misconduct. The agency would investigate such claims with the aid of other state agencies such as the Botswana Police Service, Botswana United Revenue Service, and the Directorate of Intelligence and Security. These agencies are the vehicles that direct the fight to eradicate the scourge of corruption.

Whistleblower Laws and Policies

In terms of Section 8 of the Whistle Blowing Act, the following institutions are authorised to receive and investigate disclosures of impropriety:

• Directorate on Corruption and Economic Crime
• The Auditor General
• Directorate of Intelligence and Security
• Botswana Police Service
• Botswana United Revenue Service
• Financial Intelligence Centre
• Botswana Defence Force

Whistleblowers are also only afforded protection if the disclosure is deemed to be made in good faith, they have a reasonable belief that the disclosure is substantially true, and the disclosure has been made to an authorised person or agency, which then has the discretion to choose to investigate and act on the disclosure. The law also prohibits discrimination against whistleblowers in their workplaces, which very often are the sites where whistleblowers discover corrupt practices and misconduct.

Despite the substantial emphasis on the importance of whistleblowing in Botswana, the relative lack of press freedom makes it more challenging for potential whistleblowers to fully educate themselves. 

Freedom of Expression and Freedom of the Media

Whilst there is a partly “free press’’ in Botswana, the state regulates media output through two mechanisms primarily:

• The Media Practitioners’ Association Act
• The Media Complaints Committee

The Media Practitioners’ Association Act replaced the highly-restrictive Media Practitioners Act, 2008, which was repealed in 2022. While the aim of the new Act is to better protect the media’s freedom and independence, it still has weaknesses. In particular, it  has a provision making it obligatory for a journalist or media platform to be affiliated with a local organisation, which is seen as discriminatory.

The restrictive regulation of free speech, therefore, tends to reduce the coverage of corruption in the media and this affects the public’s access to information on how to address malpractices and corrupt activities when they encounter such conduct. In 2024 Botswana was ranked at 79th out of 180 countries in the World Press Freedom Index, a serious drop from 2019 when it was ranked 44th. Since the COVID-19 pandemic, the legislature has passed more restrictions on what content the media can publish, creating an increasingly restrictive environment. 

A concern is the threat of privacy laws and sedition laws that are used to suppress disclosure by individuals employed by private companies and state departments and agencies. This means that the media, despite the pivotal role it plays in bringing corruption into the public sphere, is under threat of retaliation for its role in disclosures.  This puts media platforms in a challenging hamstrung in its disclosure of misconduct due to these restrictions, when it is alerted to such by individuals within these institutions.

The requirement that the whistleblower should provide their personal details to make the disclosure claims more credible is worrisome in that it does expose individuals to retaliation despite the safeguards stipulated in the legislation.

Additionally, Botswana lacks any form of access to information law. 

Shortcomings and Possible Reforms

The first challenge to be overcome is the way in which the public and, more specifically, potential reporters of misconduct, can be informed of the benefits of whistleblowing to society at large. The laws around reporting incidences of improper conduct to “non-authorised’’ entities, like media houses and the press, need to be revisited and made less restrictive.

Reporting of disclosures to unauthorised agencies can incur criminal sanctions of a fine not exceeding 10 000 Pula (about 720 USD) and/or a term of imprisonment of up to five (5) years. By creating restrictions in terms of who disclosures may be referred to, the law places whistleblowers at the mercy of authorised reporting agencies, irrespective of whether such agencies are complicit in the corrupt activities being reported on or not.

Section 47 of the Penal Code 08:01 vests the President of Botswana with exclusive authority to declare a publication prohibited if, in his opinion, the content is contrary to the public interest. This provision places excessive authority in the office of the President and provides them with a wide-ranging discretion that borders on unreasonableness.

The same law, in Section 48(1), states that “any person who, otherwise than in his capacity and in the course of his duties as a public officer, prints, makes, imports, publishes, sells, supplies, offers for sale or supply, distributes, reproduces or has in his possession or under his control any prohibited publication is guilty of an offence and is liable for imprisonment to a term not exceeding three (3) years.” 

There also needs to be an easing of privacy laws in their application to disclosures of corruption, irrespective of whether such disclosure is first made to an authorised reporting institution or not. 

Politically exposed individuals use beneficial ownership schemes to hide their involvement in certain institutions and transactions, very often in attempts to avoid being flagged for corruption.

The Financial Intelligence Act makes provision for the existence of a Financial Intelligence Agency and a national coordinating committee on financial intelligence to provide a mechanism for the reporting of suspicious transactions, and to look into financial offences such as money laundering, financing of possible terrorist activities or the acquisition of property from the proceeds of any other offence. There exists the possibility that anonymous reporting of misconduct and corruption perpetrated by politically exposed persons, who are also influential, may not be seriously investigated due to their proximity to power.

An example of this is the matter of whistleblower Abueng Sebola, a records officer in the Office of the Presidency, who was criminally charged for disclosing information to a journalist pertaining to a close associate of President Ian Khama. This is an illustration of how good practices and policies aimed at curbing corrupt practices can be circumvented to prevent disclosures of malfeasance depending on who is accused. It also shows how the safeguards guaranteeing protection of whistleblowers can be compromised due to their identities needing to be formally acknowledged in their disclosure.

Knowledge, Support, and Action Centers

Botswana Watch

Botswana Watch is a civil society organisation aimed at addressing the issue of corruption by raising awareness on the social ills plaguing Botswana. It is involved in numerous anti-corruption projects and focuses on educating the public on corruption and on the implementation of anti-corruption measures, with its target audience being the general public and the youth sector. Botswana Watch works closely with the Botswana Directorate on Corruption and Economic Crime.

• Address: PO Box 403871 Gaborone
• Tel: +267 717 02508
• E-mail: botswanawatch@gmail.com