When Whistleblowing Goes Wrong In A Country Struggling To Adhere To What Is Right In The Business Environment; South Sudan

Content on Whistleblowing

Prudent whistleblowing refers to the act of disclosing information about wrongdoing or unethical practices within an organization, in a responsible and cautious manner.

It involves reporting the illegal or unethical actions of an employer or organization to the appropriate authorities while minimizing the risk of retaliation or harm to oneself or others.

The concept of prudent whistleblowing emphasizes the importance of balancing the need to expose misconduct with the need to protect the well-being of those involved. It suggests that individuals should take steps to verify the accuracy of the information they are reporting and consider the potential consequences of their actions before blowing the whistle.

In general, prudent whistleblowers are motivated by a desire to promote accountability and transparency within their organization and to prevent harm to others. They often work within the established channels of reporting within the organization before taking the decision to disclose information to external authorities. Additionally, they may seek legal advice or consult with a trusted advisor to ensure that their actions are responsible and legally defensible.

Biswick Whistle Blowing: Right Way or Wrong Way?

Prudent whistleblowing can become fake if the individual making the disclosure does not have a genuine concern about wrongdoing or unethical practices and instead uses whistleblowing as a means to achieve personal gain or harm others.

Here are some factors that can contribute to fake whistleblowing:

1. False or Exaggerated Claims: If the whistleblower knowingly provides false or exaggerated claims, it can be considered fake whistleblowing. Such actions can damage the reputation of the accused party and cause unnecessary harm to innocent individuals.

2. Personal Vendetta: Whistleblowing can become fake if the individual has a personal vendetta against the accused party and is motivated by revenge rather than the desire to promote accountability and transparency.

3. Personal Gain: If the individual is motivated by personal gains, such as monetary compensation or career advancement, their whistleblowing may be perceived as fake or insincere.

4. Lack of Evidence: If the individual lacks sufficient evidence to support their claims, their whistleblowing may be seen as unfounded and fake.

5. Failure to follow established procedures: If the individual does not follow the established procedures for reporting concerns within their organization and instead goes straight to external authorities, their whistleblowing may be seen as premature or fake.

In conclusion, fake whistleblowing occurs when the individual making the disclosure has a hidden agenda, personal gain, or lacks sufficient evidence to support their claims. It is important to ensure that whistleblowing is done in good faith, with a genuine concern for the welfare of others and the desire to promote accountability and transparency.

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Historical Perspective on Biswick; 2018

Upon directives of the Board of Directors of Trinity Energy Ltd (TEL), Robert E. Mdeza, the current CEO of TEL a Malawian National himself, recruited after several interviews of potential candidates in Blantyre, the capital city of Malawi, and selected Mr. Biswick Tiyamalu Kaswasa.

The Board of Directors approved the recommendations of Mr. Robert E. Mdeza and accordingly authorized him to sign an Employment Contract in the presence of Mr. Biswick Kaswaswa in Blantyre.

During this period Mr. Biswick Tiyamalu Kaswasa was the Chief Finance Officer “CFO”, who directly reported to Mr. Robert E. Mdeza, the CEO of Trinity Energy Limited. As the CFO, the Company entrusted this individual with financial responsibility, including the handling of cash derived from the sale of petroleum products.

Between the 23rd and 25th of October 2018, the Company discovered missing cash to the value of US $ 350,000 (Three Hundred and Fifty Thousand USD) following this discovery the company started looking at Biswick to get answers.

It was discovered that Mr. Biswick Tiyamalu Kaswasa had vanished with the cash and was on his way by Rwanda Airways from Kampala to Kigali. The CEO of the Company confirmed that he never gave permission for Mr. Biswick to “leave station”, which is “Standard Operating Procedure” for any employee who is seeking to leave Juba in the Republic of South Sudan.

The matter was immediately reported to the Police by lodging a “First Information Report” subsequently a request was made to intercept Mr. Biswick Tiyamalu Kaswasa and return him back to Juba so that the looted funds could be recovered from him. While the Police Department activated INTERPOL, Gen. Majak Akec Malok, Inspector General of South Sudan National Police (SSPS) Vide a Letter Ref. No. RSS/MoI/J/OIGP/SSPS/18-S17 dated 26th October 2018 wrote to his counterpart in Rwanda the Inspector General of Police, in Rwanda stating the following:

“Mr. Biswick Tiyamalu Kaswasa, a Malawi National,  working with an indigenous South Sudanese Company, Trinity Energy Ltd as Chief Finance Manager used his position to steal a sum of  US $ 350,000 (Three Hundred and Fifty Thousand USD) from the Company and as a result of Criminal Case No. 6513 was charged under Section 348 of South Sudan Penal Code Act 2008 for the offense of Criminal Breach of trust opened at Central Police Division of South Sudan Police Department by Mr. Lual Kur, representing Trinity Energy Ltd.”

“Communication between South Sudan Police Authorities and Rwanda National Police and The Eastern Africa Police Chiefs Cooperation Organization (EAPCCO), I am kindly requesting your authorities to extradite to Juba for trial”

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INTERPOL Arrest Warrant For Mr. Biswick Tiyamalu Kaswasa

Vide Arrest Warrant No MoI/SSPN/NOBT/2018/229 dated 26th October 2018, Maj. Gen. Amou Anyieth Recc, Head of National Central Bureau and INTERPOL nominated 1st Lt. William Majok Diing to bring Mr. Biswick (a Malawian National) who was working with Trinity Energy Ltd as Chief Financial Officer back to Juba. In his order he stated the following:

“Biswick stole US $ 350,000 (Three Hundred and Fifty Thousand USD) from the said Company, absconded, and ran away to Rwanda “

“Communications between South Sudanese authorities and Rwandan authorities led to INTERCEPTION of the subject at Kigali International Airport and “now the Rwandan Authorities asked for an Officer from South Sudan Police Service to Bring Back the Suspect” to Juba.

30th October 2018

Ministry of Justice and Constitutional Affairs, Legal Administration and Public Prosecution Authority, Jubek, Terkeka, and Yei River State. Ref: LA/PPA/J, T&YRS/41.A.1 dated 30th October 2018 writes to the Ministry of Interior, Director of National Bureau, INTERPOL, RSS, JUBA

Subject: Suspect Biswick Tiyamalu Kaswaswa

Suspect in criminal case No 6513 under section 348 of South Sudan Penal Act 2008, by complainant Mr. Lual Kurr dated 26th October 2018.

It’s to be recalled the complainant is a South Sudanese National and the suspect is a Malawian National.

The Complainant Mr. Lual Kurr alleged that the suspect Biswick Tiyamalu Kaswawa stole from the company US $ 350,000 (Three Hundred and Fifty Thousand USD), absconded, and escaped to Rwanda.

Based on the above information, we request your good office to contact your Rwandan counterparts in order to apprehend the suspect and his repatriation back to South Sudan for investigation.

Find herewith the arrest warrant issued by Central Division Police Station – Malakia duly signed by the Public Prosecution Authority

The above letter was written by Mr. Anjelo Sebit Geatano, Sr. Legal Counsel and Acting Head of Legal Administration & Public Prosecution Authority, Jubek, Terkeka, and Yei River State.

9th of November 2018

In a Letter to Hon. Johnson Busingye, Minister of Justice, Government of the Republic of Rwanda by Hon. Paulina Wana Willa Unango, Minister of Justice and Constitutional Affairs, Government of the Republic of South Sudan, Juba.

“Honourable, I am writing to your esteemed office this request regarding Biswick Kaswasa, a Malawian National, who has been apprehended in your country. Biswick is needed in Juba for a criminal breach of trust of US $ 350,000 (Three Hundred and Fifty Thousand USD) which was under his trust as an employee of Trinity Energy Ltd, a legal entity registered in the Republic of South Sudan. “

“Police Criminal Investigation No 6513/2018 dt 26/10/2018 has been initiated against him under section 348 of the Penal Code which reads:

“Whoever being in any manner entrusted with the property or with any dominion over property, dishonestly misappropriates or converts to his / her own or disposes of that property in violation of law or the terms of any trust or wilfully suffers any other persons so to do, commits criminal breach and under conviction, shall be sentenced to imprisonment for a term not exceeding five years or with fine or both.”

“Prima facie case against the suspect is based on evidence obtained so far. Communications between INTERPOL Units in South Sudan and Rwanda have led to the interception of the suspect at Kigali International Airport, and we understand he is under detention”

“I am therefore requesting your esteemed office to allow and direct extradition of the subject to Juba, to answer for the charges lodged against him”

20th of March 2020

Mr. Biswick Tiyamalu Kaswasa was Released from Detention and Goes Back to Malawi

Vide Court Order dated 20/03/2020 Biswick was released from detention from Juba prison under orders of First Grade Judge who released him under section 226 of the Code of Criminal Procedure Act 2008 for want of sufficient evidence that would warrant a conviction of the accused.

6th April 2020

Trinity Energy Ltd Submits a “Memorandum of Appeal” and wins for the retrial of Mr. Biswick Tiyamalu Kaswasa. The High Court of South Sudan Ruled as Follows:

“The Contract related to trust could be made expressly or impliedly. The accused (Respondent) contracted with the Complainant (Appellant) for an employment contract that, the accused will be the Accounting Manager of the Company. The Complainant alleges that the property got lost and that the Accused disappeared in an unambiguous circumstance revealing sufficient evidence for the continuation of criminal proceedings against the accused until he justified that he did not involve in any conduct which violates the law and therefore dismissal of criminal case for lack of sufficient evidence was not a proper action done by the Court, for reasons that, framing of charges against the accused does not  mean conviction but rather will give the accused an opportunity for justifying his position and therefore contesting the charges made against him, hence the decision of the Court of substance, to aside and charges are framed against the accused under Section 348 of Penal Code Act 2008.”

The above chronological sequence of the events by itself shall prove that Mr. Biswick stole more than US $713,104 (Seven Hundred Thirteen Thousand One Hundred and Four U.S Dollars) from the company, these findings following an independent audit conducted by the company. Mr. Biswick Tiyamalu Kaswasa was apprehended in Kigali International Airport with USD in Cash amounting to US $ 26,582 under the watchful eyes of the Customs Officials and deposited with the Revenue Authorities of Rwanda. The said amount was later handed over and documented by the INTERPOL Officer who brought Mr. Biswick Tiyamalu Kaswasa back to Juba. The Company shall continue to pursue criminal proceedings against the individual until prosecuted to the full extent of the law.

The underlying fact of the matter is on one hand a criminal at large is being used by International Groups to tarnish the Justice System and Criminal Prosecution Authorities of the Republic of South Sudan. On the other hand, immense effort is being exhausted to derail the economic progress being made in the Republic of South Sudan to stem access to funds from International Financial Institutions that are promoting the integration of the South Sudanese economy with global financial & Insurance markets. Neo-Colonialism in action is being witnessed first-hand in the emerging economy of South Sudan. It is time to defeat this trend and expose the groups operating in developing countries under the noble auspices of “rooting out corruption”.

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The above is a classic example of whistle-blowing that needs to be interrogated. Whistleblowing, the act of exposing wrongdoing or illegal activities within an organization, can be a challenging and risky undertaking in Africa. Some of the challenges that whistleblowers may encounter include:

1. Lack of legal protection: In many African countries, there is little or no legal protection for whistleblowers. This means that individuals who come forward with information about corruption or other illegal activities may face retaliation, including harassment, intimidation, and even physical harm.

2. Cultural barriers: In some African cultures, there is a strong emphasis on loyalty and obedience to authority figures. Whistleblowers may be seen as disloyal or disobedient, which can lead to social isolation and ostracism.

3. Fear of losing one’s job: Whistleblowers may fear losing their job or facing other forms of retaliation from their employer if they come forward with information about wrongdoing.

4. Lack of awareness: Many people in Africa may not be aware of the importance of whistleblowing or the protections that are available to them. This can make it more difficult for whistleblowers to come forward.

5. Corruption and weak governance structures: Many African countries struggle with high levels of corruption and weak governance structures, which can make it difficult for whistleblowers to receive protection and for their claims to be investigated and acted upon.

Overall, whistleblowers in Africa face significant challenges and risks when they come forward with information about wrongdoing. However, their actions can be crucial in exposing corruption and promoting accountability and transparency in both the public and private sectors.

Why Biswick Whistle Blowing lacks Merit;

It is possible for a rogue employee to engage in genuine whistleblowing. While rogue employees may act in their own self-interest, they may also have legitimate concerns about wrongdoing or illegal activities within their organization. In such cases, it is important to distinguish between the employee’s motives and the substance of the information they are providing.

Whistleblowers are typically motivated by a desire to expose wrongdoing or illegal activities and promote transparency and accountability. While their actions may be disruptive or damaging to the organization, they serve a broader public interest. Rogue employees, on the other hand, may be motivated by personal gain or revenge, and their actions may not serve the public interest.

It is important to thoroughly investigate any claims of wrongdoing, regardless of the motives of the employee making the allegations. If the information is found to be credible, steps should be taken to address the issue and protect the whistleblower from retaliation.

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In my view, I believe Biswick lacks the moral authority to be a credible whistle-blower because;

1. Personal motives: If a whistleblower has personal motives for coming forward, such as a desire for revenge or personal gain, their credibility may be undermined. It is important to evaluate the motives of the whistleblower and consider whether they have a genuine concern for the public interest.

2. Lack of independence: Whistleblowers who are closely associated with a particular group or organization may be viewed as biased or lacking in independence. It is important to consider the independence of the whistleblower when evaluating the credibility of their claims.

3. Timing: The timing of whistleblowing can also affect its credibility. If a whistleblower waits too long to come forward, it may be seen as suspicious or opportunistic. Similarly, if they come forward too soon before all the facts are known, their credibility may be undermined.

4. Prior history: Whistleblowers who have a history of making unfounded or exaggerated claims may be viewed with skepticism. It is important to evaluate the credibility of the whistleblower based on the specific claims they are making, rather than their past history.

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