ANALYSIS OF COVID-19 REGULATIONS VIS-À-VIS FREEDOM OF EXPRESSION IN THE SADC REGION

managing the crisis that transparency and
accountability measures may be compromised
deliberately or inadvertently and corruption or
wrongdoing can go unchecked as the decisions
are made in the absence of any scrutiny or checks
and balance.

Whilst there is an indication of commitments
to protect whistle-blowers globally134 , in the
SADC region, there is a legal vacuum with
regards to whistle-bower protection. In cases
where criminal sanctions have been adopted
against publication and communication of false
statements/news, there should be robust whistle
blower protection. In the SADC region, none of
the laws on access to information promote
proactive disclosure of information held by
public bodies. In such a context, combined
with anti-false news legislation, statements
by whistle-blowers could be easily construed
as false information. The overemphasis of
publication of false news and statements that
denounce whistle-blowers creates a situation
where whistle-blowers do not feel safe, and this
ultimately could silence those who wish to report
wrongdoing in the interest of the public. It will
be prudent to even establish some safeguards
to protect whistle blowers like establishing an
ombudsman during the pandemic and beyond.
This will enable citizens or the public to hold
officials accountable during the pandemic.
Whistle-blower protection is central to freedom
of expression and the promotion of transparency
and accountability and supressing whistleblowers negatively impacts on the right to
freedom of expression and raises pertinent
questions about the government’s commitment
to saving the lives of the people through
containment of the deadly pandemic.

It is in such a context that Whistle-blowers are
valued as they often detect such delinquencies.
130
Corruption tendencies have been reported
in Zimbabwe and a minister of health was
arrested for alleged procedural misconduct in
the procurement of health equipment that will
be used as part of the response to the pandemic.
131
Whistle-bower protection enables those that
are in a position to expose wrongdoing such as
journalists, healthcare workers or government
personnel to do so without fear. The Declaration
of Principles on Freedom of Expression and
Access to Information in Africa enshrines a
principle of protecting disclosures in the public
interest.132It places an obligation on states to
adopt laws to establish protected disclosure
regimes so that,
No person shall be subject to civil, criminal,
administrative or employment- related or other
sanctions or harm, for releasing information on
wrongdoing or which discloses a serious threat
to health, safety or the environment, or whose
disclosure is in the public interest, in the honest
belief that such information is substantially
true. 133

130 ‘COVID-19 is a chilling reminder of why the world needs to protect whistleblowers’ https://oecdonthelevel.com/2020/05/18/covid19-is-a-chilling-reminder-of-why-the-world-needs-to-protect-whistleblowers/ (accessed 15 June 2020).
131 ‘Zimbabwe’s health minister nabbed over graft charges’ 20 June 2020 https://www.aa.com.tr/en/africa/zimbabwe-s-health- minister-nabbed-over-graft-charges/1884124 (accessed 22 June 2020).
132 Declaration, principle 35.
133 Declaration, principle 35 (1)
134 G20 High-Level Principles for the Effective Protection of Whistle-blowers https://www.bmjv.de/SharedDocs/Downloads/EN/G20/
G20_2019_High-Level- Principles_Whistleblowers.pdf? blob=publicationFile&v=1 (accessed 15 June 2020).

https://zimbabwe.misa.org

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Select target paragraph3