I have had a land dispute with my neighbour for a long time and the dispute is pending in Court for two years now. Two weeks ago, my neighbour reported me to the police that I insulted him, an accusation which is a total lie. I want to report him to the police as well for malicious accusation but I am getting different opinions, some are telling me that in law once a person reports a crime to the law enforcement agent, he is protected and cannot be charged or prosecuted for reporting for any offence attributed to his report to the police. Others are telling me that I can report him to the police as long as I have proof that the report he made to the police is a lie. Can you please guide me?
Section 9 of the Whistleblower and Witness Protection Act, 2015 protects a whistleblower only where the whistleblower gives the information to the law enforcement agent in good faith and with reasonable and probable cause for suspicion that he genuinely believed the crime was committed by the person he accused to the law enforcement. A whistleblower who gives malicious or false information to the law enforcement agent commits an offence under section 17 of the Whistleblower and Witness Protection Act and is liable to imprisonment for a term of not less than 1 year or to a fine of not less than TZS 3 million or to both imprisonment and fine.