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WHISTLEBLOWERS PROTECTION ACT, 2010.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Interpretation.

PART II
PROTECTED DISCLOSURES.

   2.   Disclosure of impropriety.

   3.   Persons qualified to make disclosures.

   4.   Person to whom or institutions to which disclosure of impropriety may be made.

   5.   Compulsory receipt of disclosures.

PART III
PROCEDURES FOR DISCLOSURE.

   6.   Procedure for making a disclosure.

   7.   Reduction of disclosure into writing.

PART IV
ACTION BY PERSON WHO RECEIVES DISCLOSURE OF IMPROPRIETY.

   8.   Investigation.

PART V
PROTECTION OF WHISTLEBLOWERS.

   9.   Protection from victimisation.

   10.   Protection against court action.

   11.   State protection.

   12.   Application to court for assistance.

   13.   Void employment contracts.

PART VI
OFFENCES AND PENALTIES.

   14.   Disclosing the identity of a whistleblower.

   15.   Disclosing the details of a disclosure.

   16.   Victimisation of a whistleblower.

   17.   Making false disclosures.

PART VII
MISCELLANEOUS.

   18.   Unlawfully failing to take action.

   19.   Rewards.

   20.   Regulations.

      Schedule   Currency point.

WHISTLEBLOWERS PROTECTION ACT, 2010.

Commencement: 11 May, 2010.

   An Act to provide for the procedures by which individuals in both the private and public sector may in the public interest disclose information that relates to irregular, illegal or corrupt practices; to provide for the protection against victimisation of persons who make disclosures; and to provide for related matters.

PART I
PRELIMINARY.

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   "authorised officer" means the Speaker of Parliament or Deputy Speaker of Parliament, the Executive Director of National Environment Management Authority in case of environment issues, Resident District Commissioner, a Senior Ethics Officer with the Directorate of Ethics and Integrity, a human rights commissioner with Uganda Human Rights Commission, the Director of Public Prosecutions, an inspectorate officer of the Inspectorate of Government, a police officer not below the rank of Assistant Inspector of Police;

   "currency point" means the value specified in relation to a currency point in the Schedule;

   "disclosure" means any declaration of information made by a whistleblower with regard to the conduct of one or more persons where the whistleblower has reason to believe that the information given shows or tends to show one or more of the following—

   (a)   that a criminal offence or other unlawful act has been committed, is being committed or is likely to be committed;

   (b)   that a miscarriage of justice has occurred, is occurring or is likely to occur;

   (c)   that a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject;

   (d)   that any matter referred to in paragraphs (a) to (c) has been, is being or is likely to be deliberately concealed;

   "employee" means a person who has entered into a contract of service or contract for services or an apprenticeship contract, and includes a person who is employed by or for the Government of Uganda, including the Public Service, a local authority or a parastatal organisation and member of the Uganda Peoples' Defence Forces;

   "employer" means a person or group of persons, including a company or corporation, a public, regional or local authority, a governing body of an unincorporated association, a partnership, a parastatal organisation or other institution or organisation, whatsoever, for whom an employee works or has worked, or normally worked or sought to work, under a contract of service or contract for services; and includes the heirs, successors, assignees and transferors of a person or group of persons for whom an employee works, has worked, or normally works;

   "good faith" means the honest intent to act without taking an unfair advantage over another person and includes honesty, fairness, lawfulness of purpose and absence of any intent to defraud;

   "harass" means a systematic, persistent or continual unwanted and annoying pestering that may include threats or demands;

   "impropriety" means conduct which falls within any of the categories of the definition of disclosure referred to in paragraphs (a) to (d) irrespective of whether or not—

   (a)   the impropriety occurs or occurred in the Republic of Uganda or outside the Republic of Uganda; or

   (b)   the law applying to the impropriety is that of the Rep

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