CHAPTER
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THE OMBUDSMAN
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The
Office of the Ombudsman |
120.
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There
shall be a public office known as the office of the Ombudsman which shall
have such powers, functions and responsibilities as are conferred upon
that office by this Constitution and any other law. |
Independence
of the Ombudsman |
121.
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In
the exercise of his or her powers, functions and duties the Ombudsman shall
be completely independent of the interference or direction of any other
person or authority. |
Appointment
of Ombudsman |
122.
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Nominations
for appointment to the office of Ombudsman shall be received from the public
by way of a public advertisement placed by the Clerk to the National Assembly
and the successful candidate shall be appointed by the Public Appointments
Committee in accordance with the requirements of this section.
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The person appointed to the
office of Ombudsman shall -
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have sufficient knowledge
of the law;
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be publicly regarded as a
person who can make impartial judgements;
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have sufficient knowledge
of the workings of Government;
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not have had any criminal
convictions and not have been a bankrupt;
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be otherwise competent and
capable of performing the duties of his or her office;
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not be the President, Vice-President,
a Minister or Deputy Minister, a serving public officer or a member of
Parliament; and
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not hold any other public
office unless otherwise provided for in this Constitution.
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Functions
and powers |
123.
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The office
of the Ombudsman may investigate any and all cases where it is alleged
that a person has suffered injustice and it does not appear that there
is any remedy reasonably available by way of proceedings in a court or
by way of appeal from a court or where there is no other practicable remedy.
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Notwithstanding subsection
(1), the powers of the office of the Ombudsman under this section shall
not oust the jurisdiction of the courts and the decisions and exercise
of powers by the Ombudsman shall be reviewable by the High Court on the
application of any person with sufficient interest in a case the Ombudsman
has determined.
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Powers
of investigation |
124.
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The
Ombudsman shall have full powers to - |
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subpoena the attendance of
any person who the Ombudsman reasonably believes to be connected with any
investigation being undertaken by that office;
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require the immediate disclosure
of information and the production of documents of any kind, from any public
body;
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question any person who the
Ombudsman reasonably believes to be connected with an investigation that
is being undertaken by that office; and
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initiate contempt proceedings
before the High Court against any person or authority in connexion with
non-compliance with the powers conferred in this section.
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Privileges
and immunities of the Ombudsman |
125.
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A
person holding the office of Ombudsman shall - |
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be provided with the necessary
resources to discharge the functions of that office;
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be entitled to the fullest
co-operation of any person or authority of whom he or she requests assistance
in connexion with the duties of that office;
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enjoy, with respect to his
or her official functions, similar protection and privileges in so far
as they are appropriate as are enjoyed by members of Parliament; and
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be paid a salary to be charged
to the Consolidated Fund and which shall not be reduced without the consent
of the office holder.
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Remedies
6 of 1995 |
126.
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Where
the investigations of the Ombudsman reveal sufficient evidence to satisfy
him or her that an injustice has been done, the Ombudsman shall - |
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direct that appropriate administrative
action be taken to redress the grievance;
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cause the appropriate authority
to ensure that there are, in future, reasonably practicable remedies to
redress a grievance; and
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refer a case to the Director
of Public Prosecutions with a recommendation for prosecution, and, in the
event of a refusal by the Director of Public Prosecutions to proceed with
the case, the Ombudsman shall have the power to require reasons for the
refusal.
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Reports
of the Ombudsman |
127.
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The
Ombudsman shall lay , each year, before the Nation Assembly a report which
shall include a record of all complaints and applications to the office
of Ombudsman, a record of the exercise of powers in relation to applications,
of the remedies afforded to applicants in respect of grievances and shall
also include a record of the general recommendations of the Ombudsman in
respect of grievances. |
Removal
from office |
128.
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A person
appointed to the office of Ombudsman shall serve a term of not more than
five years, provided that the Public Appointments Committee may appoint
that person for such further terms of five years as it considers appropriate
unless that Committee sooner terminates that appointment in accordance
with this section.
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A person appointed to the
office of Ombudsman shall not be removed by the Public Appointments Committee,
except -
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in such circumstances where
had that person not been Ombudsman, that person would have been disqualified
from being appointed;
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for gross misconduct; or
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on reaching the age of sixty-five
years.
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