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

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Can a government entrenched in corruption seriously be expected to fight it?

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?

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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.

© Tendai Ruben Mbofana is a social justice advocate and writer. Please feel free to WhatsApp or Call: +263715667700 | +263782283975, or email: mbofana.tendairuben73@gmail.com, or visit website: https://mbofanatendairuben.news.blog/

Source - Tendai Ruben Mbofana
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