The law firm of choice for internationally focused companies

+263 242 744 677

admin@tsazim.com

4 Gunhill Avenue,

Harare, Zimbabwe

What’s the point of a witness protection law when Zimbabwe is a lawless country?


Tendai
Ruben
Mbofana


The
Whistle
Blower
and
Witness
Protection
Bill,
set
to
be
tabled
in
Zimbabwe’s
National
Assembly
in
August,
appears
on
the
surface
to
be
a
commendable
and
long-overdue
legislative
move. 


As
outlined
by
Attorney
General
Virginia
Mabhiza,
this
bill
is
expected
to
provide
legal
protection
to
individuals
who
expose
illicit
activities
within
organizations. 


Given
the
rampant
corruption
that
has
plagued
Zimbabwe
for
decades,
such
a
law
would,
in
theory,
be
a
crucial
step
toward
accountability
and
justice. 


Yet,
in
a
country
where
the
rule
of
law
is
routinely
disregarded,
where
the
powerful
operate
with
impunity,
and
where
institutions
meant
to
uphold
justice
are
often
complicit
in
shielding
the
corrupt,
one
must
ask—what
is
the
point
of
a
witness
protection
law
when
Zimbabwe
is,
in
reality,
a
lawless
country?



To
directly
receive
articles
from
Tendai
Ruben
Mbofana,
please
join
his
WhatsApp
Channel
on:




https://whatsapp.com/channel/0029VaqprWCIyPtRnKpkHe08


A
robust
whistleblower
and
witness
protection
law
is
meant
to
encourage
individuals
to
come
forward
with
critical
information
on
corruption
and
other
criminal
acts
without
fear
of
retribution. 


Such
laws
typically
provide
safeguards
such
as
anonymity,
immunity
from
prosecution,
and
physical
protection,
ensuring
that
those
exposing
wrongdoing
are
not
victimized
for
their
courage. 


In
functional
democracies,
these
laws
have
proven
instrumental
in
uncovering
grand-scale
corruption,
fraud,
and
abuse
of
power. 


Given
that
corruption
has
been
one
of
the
primary
forces
crippling
Zimbabwe’s
economic
development,
this
law—if
properly
implemented—could
theoretically
be
a
game-changer
in
holding
wrongdoers
accountable
and
deterring
further
economic
sabotage.


Corruption
has
hollowed
out
Zimbabwe’s
economy,
draining
billions
of
dollars
that
could
have
been
channeled
into
essential
services
such
as
healthcare,
education,
and
infrastructure. 


Numerous
reports,
including
those
from
Transparency
International,
have
repeatedly
ranked
Zimbabwe
among
the
most
corrupt
countries
globally. 


In
fact,
Zimbabwe’s
Corruption
Perceptions
Index
(CPI)
score
has
declined
to
21
out
of
100
in
2024,
down
from
24
in
2023,
according
to
Transparency
International. 


This
decrease
places
Zimbabwe
at
158
out
of
180
countries,
marking
its
worst
performance
since
2015.  


This
score
positions
Zimbabwe
as
the
most
corrupt
country
in
Southern
Africa,
highlighting
the
urgent
need
for
effective
anti-corruption
measures.


The
latest
studies
estimated
that
Zimbabwe
was
losing
over
US$3
billion
annually
to
corruption,
particularly
in
the
mining
sector,
procurement
contracts,
and
state-owned
enterprises. 


The
looting
of
public
funds,
illicit
gold
smuggling,
and
inflated
government
tenders
have
become
routine,
enriching
a
politically
connected
elite
while
leaving
ordinary
citizens
in
deepening
poverty. 


The
consequences
are
dire—dilapidated
hospitals
without
basic
medicines,
roads
that
resemble
war
zones,
and
an
electricity
crisis
that
continues
to
paralyze
industries. 


Unchecked
corruption
has
not
only
discouraged
investment
but
has
also
driven
skilled
professionals
out
of
the
country,
leading
to
economic
stagnation
and
widespread
unemployment.


In
principle,
a
whistleblower
and
witness
protection
law
could
serve
as
a
powerful
tool
in
exposing
and
curbing
this
deep-seated
corruption. 


If
individuals
with
inside
knowledge
of
illicit
dealings
felt
safe
enough
to
come
forward,
it
would
be
possible
to
dismantle
corrupt
networks
and
bring
perpetrators
to
justice. 


By
fostering
a
culture
of
accountability,
such
legislation
could
spur
economic
development
by
restoring
investor
confidence,
ensuring
fair
competition
in
business,
and
channeling
public
funds
toward
their
intended
purposes. 


However,
in
the
Zimbabwean
context,
this
optimism
must
be
tempered
with
a
heavy
dose
of
skepticism.


The
harsh
reality
is
that
the
most
egregious
acts
of
corruption
in
Zimbabwe
are
committed
by
those
with
close
ties
to
the
ruling
elite. 


The
looting
of
national
resources,
particularly
in
sectors
like
mining,
agriculture,
and
energy,
is
facilitated
and
protected
by
individuals
at
the
highest
levels
of
government. 


The
so-called
“cartels”
that
control
Zimbabwe’s
economy
operate
with
impunity
because
they
enjoy
political
protection. 


It
is,
therefore,
difficult
to
imagine
that
the
same
individuals
responsible
for
shielding
these
criminal
networks
would
willingly
enact
a
law
that
could
bring
their
own
corrupt
enterprises
to
ruin.


If
history
is
any
guide,
this
law
is
unlikely
to
target
the
real
culprits. 


Zimbabwe’s
political
landscape
is
littered
with
high-profile
corruption
scandals
that
have
been
either
ignored
or
swept
under
the
rug. 


The
recent
US$100
million
Zimbabwe
Electoral
Commission
(ZEC)
election
material
procurement
scandal
is
a
glaring
example. 


Despite
overwhelming
evidence
of
corruption,
it
was
not
the
perpetrators
who
faced
the
wrath
of
the
law
but
rather
those
who
exposed
the
wrongdoing. 


In
this
case,
those
who
exposed
the
scandal
were
arrested
on
unrelated
charges.


Whistleblowers,
journalists,
and
activists
have
routinely
found
themselves
on
the
receiving
end
of
state
persecution
for
daring
to
reveal
the
truth.


It
is
this
entrenched
culture
of
impunity
that
renders
any
proposed
whistleblower
and
witness
protection
law
virtually
meaningless. 


Even
if
a
courageous
individual
were
to
step
forward
with
damning
evidence
against
politically
connected
criminals,
what
guarantees
are
there
that
they
would
be
protected? 


Would
their
reports
even
be
acted
upon,
or
would
they,
too,
become
targets
of
the
very
system
they
sought
to
challenge? 


Zimbabwe
has
already
witnessed
numerous
cases
where
those
who
expose
corruption
become
the
victims
instead
of
the
perpetrators. 


Journalists
and
activists
have
been
arrested,
harassed,
and
even
forced
into
exile
for
their
work
in
exposing
government-linked
corruption.


For
example,
have
there
not
already
been
reports
suggesting
that
the
arrest
of
journalist
Blessed
Mhlanga
was
not
due
to
his
alleged
“transmitting
of
material
that
incites
public
violence,”
but
rather
because
he
exposed
the
supposed
irregular
takeover
of
POSB
Bank
by
those
in
power?


The
selective
application
of
the
law
in
Zimbabwe
is
another
reason
to
question
the
sincerity
of
this
proposed
legislation. 


While
small-time
offenders
and
low-level
bureaucrats
may
occasionally
be
sacrificed
in
an
attempt
to
portray
a
façade
of
accountability,
the
true
architects
of
grand
corruption
remain
untouchable. 


This
is
the
fundamental
flaw
in
Zimbabwe’s
anti-corruption
efforts—there
is
no
genuine
political
will
to
go
after
the
so-called
“big
fish.” 


Instead,
the
law
is
often
used
as
a
tool
to
settle
political
scores
or
to
silence
dissent.


Even
if
this
whistleblower
protection
law
were
enacted,
it
would
not
change
the
reality
that
Zimbabwe’s
justice
system
remains
compromised. 


The
judiciary,
law
enforcement
agencies,
and
anti-corruption
bodies
are
all
beholden
to
the
very
individuals
they
are
supposed
to
hold
accountable. 


In
such
an
environment,
how
can
anyone
realistically
expect
a
whistleblower
to
receive
protection
when
their
testimony
threatens
those
in
power? 


The
law
will
exist
on
paper,
but
in
practice,
it
will
be
nothing
more
than
another
smokescreen—designed
to
create
the
illusion
of
reform
while
ensuring
that
the
status
quo
remains
intact.


What
Zimbabwe
needs
is
not
just
new
laws
but
a
fundamental
shift
in
governance,
where
the
rule
of
law
applies
equally
to
all
citizens,
regardless
of
political
affiliation. 


Until
the
political
will
exists
to
genuinely
tackle
corruption
at
the
highest
levels,
any
whistleblower
or
witness
protection
law
will
be
an
exercise
in
futility. 


The
problem
is
not
the
absence
of
legislation—Zimbabwe
already
has
numerous
anti-corruption
laws
that,
if
enforced,
could
significantly
curb
graft. 


The
real
issue
is
the
lack
of
accountability
and
the
political
complicity
that
allows
corruption
to
thrive.


This
proposed
law
is
merely
another
attempt
by
the
authorities
to
placate
critics
and
project
an
image
of
reform
without
making
any
meaningful
changes. 


It
is
a
desperate
attempt
to
appear
as
if
the
government
is
serious
about
fighting
corruption
when,
in
reality,
the
same
corrupt
system
remains
firmly
in
place. 


Until
those
who
loot
the
country’s
resources
are
held
accountable,
until
the
judiciary
operates
independently,
and
until
whistleblowers
are
genuinely
protected
from
persecution,
Zimbabwe
will
remain
a
lawless
country
where
corruption
flourishes
with
impunity. 


In
such
a
country,
a
whistleblower
protection
law
is
not
just
useless—it
is
a
cruel
joke
on
those
who
still
believe
that
justice
is
possible.

Post
published
in:

Featured