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Zambia – Standards – Disclosure – Authorities

Zambia – Standards – Disclosure – Authorities

22. (1) A disclosure is a protected disclosure if-

(a) it is made in good faith by an employee-
(i) who reasonably believes that the information disclosed, and any allegation contained in it, are substantially true; and

(ii) who does not make the disclosure for purposes of personal gain, excluding any reward payable in terms of any law;

(b) one or more of the conditions specified in subsection (2) apply; and

(c) in all the circumstances of the case, it is reasonable to make the disclosure.

(2) The conditions referred to in paragraph (b) of subsection (1) are

(a) that at the time of making a disclosure the employee who makes the disclosure has reason to believe that the employee shall be subjected to an occupational detriment if the employee makes a disclosure to the employer in accordance with section thirty-eight;

(b) that, in a case where no person or body is prescribed for the purposes of section thirty-nine in relation to the relevant impropriety, the employee making the disclosure has reason to believe that it is likely that evidence relating to the impropriety shall be concealed or destroyed if the employee makes the disclosure to the employer;

(c) that the employee making the disclosure has previously made a disclosure of substantially the same information to –

(i) the employer; or

(ii) a person or body referred to in section thirty-nine, in respect of which no action was taken within a reasonable period after the disclosure;

or

(d) that the impropriety is of an exceptionally serious nature.

(3) In determining for the purposes of paragraph (c) of subsection (1) whether it is reasonable for the employee to make the disclosure, consideration shall be given to-

(a) the identity of the person to whom the disclosure is made;

(b) the seriousness of the impropriety;

(c) whether the impropriety is continuing or is likely to occur in the future;

(d) whether the disclosure is made in breach of a duty of confidentiality of the employer towards any other person;

(e) in a case falling within paragraph (c) of subsection (2), any action which the employer or the person or body to whom the disclosure was made, has taken, or might reasonably be expected to have taken, as a result of the previous disclosure;

(f) in a case falling within subparagraph (i) of paragraph (c) of subsection (2), whether in making the disclosure to the employer the employee complied with any procedure which was authorised by the employer; and

(g) the public interest.

(4) For the purposes of this section, a subsequent disclosure may be regarded as a disclosure of substantially the same information referred to in paragraph (c) of subsection (2) where the subsequent disclosure extends to information concerning an action taken or not taken by any person as a result of the previous disclosure.

23. Any of the following may receive a public interest disclosure concerning a government agency’s conduct or the conduct of a public officer in relation to a government agency, or a public interest disclosure that a person has engaged, is engaging, or intends to engage, in an unlawful reprisal:

(a) the head of the government agency;

(b) the Anti-Corruption Commission;

(c) the Police Public Complaints Authority:

(d) the Judicial Complaints Authority;

(e) the Drug Enforcement Commission;

(f) the Investigator-General; and

(g) the Auditor-General.

Referenced Legislation: Public Interest Disclosures Act (2010)

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