PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION ACT

Arrangement of Sections

1. Short title.

PART I

The Ombudsman

2. Establishment of the office of the Parliamentary Commissioner for Administration.

3. Appointment and term of office.

4. Where Public Officer is appointed as Ombudsman.

5. Official oath or affirmation.

6. Duty to maintain secrecy.

7. Ombudsman not to hold public office without consent after ceasing to be Ombudsman.

PART II

Staff of the Ombudsman

8. Deputy Ombudsman.

9. Other staff.

PART III

Powers, Duties and Functions of the Ombudsman

10. Functions of the Ombudsman.

11. Matters not subject to investigation.

12. Reference of certain questions to Supreme Court.

13. Ombudsman may discontinue investigation in certain cases.

14. Refusal to investigate not to be questioned.

15. Conduct of investigation by Ombudsman.

16. Evidence.

17. Determination of Ombudsman.

PART IV

General

18. Annual report by Ombudsman.

19. Power of entry on premises.

20. Offences.

21. Protection against suit or prosecution.

22. Rules.

23. Complaints regarding matters occurring before operation of this Act.

24. Savings.

25. Interpretation.

SCHEDULE

17 of 1981,

16 of 1991,

26 of 1994.

AN ACT to provide for the establishment of the office of Parliamentary Commissioner for Administration (Ombudsman) in terms of Article 156 of the Constitution, to define his powers, duties and functions, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 12th March, 1981]

1. Short title.

This Act may be cited as the Parliamentary Commissioner for Administration Act.

PART I

The Ombudsman

2. Establishment of the office of the Parliamentary Commissioner for Administration.

There shall be a Parliamentary Commissioner for Administration (hereinafter referred to as "the Ombudsman”).

3. Appointment and term of office.

(1) The Ombudsman shall be appointed by the President and shall hold office during good behaviour.

(2) The Ombudsman shall not be a member or an officer of Parliament or of any Public Corporation, local authority, or other like institution.

(3) The Ombudsman shall not, except with the written consent of the President, hold any other office (whether paid or not) or accept any place of profit or emolument or engage in any occupation for reward outside the duties of his office.

(4) The salary of the Ombudsman shall be determined by Parliament, shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

(5) The office of the Ombudsman shall become vacant

(a) upon his death;

(b) on his resignation by writing addressed to the President;

(c) on his attaining the age of seventy years;

[S 3(5)(c) subs by s 2 of Act 16 of 1991.]

(d) on his removal by the President on account of ill health or physical or mental infirmity; or

(e) on his removal by an order of the President made after an address of Parliament.

(6) If the Ombudsman is temporarily unable to exercise, perform and discharge the powers, duties and functions of his office, the President may appoint a person to act in the place of the Ombudsman during that period and while so acting such person shall have and may exercise all the powers, and perform and discharge all the duties and functions of the Ombudsman under this Act in all respects as if he were the Ombudsman.

(7) The procedure for the presentation and passing of an address of Parliament for the removal of a Judge of the Supreme Court or the Court of Appeal shall apply in all respects to the presentation and passing of an address of Parliament for the removal of the Ombudsman.

4. Where Public Officer is appointed as Ombudsman.

Every person who, immediately before his appointment as Ombudsman was a Public Officer, shall, when such appointment takes effect, cease to hold such office:

Provided that

(a) he shall retain his existing and accruing rights, as such Public Officer; and

(b) for the purpose of determining these rights, his service under this Act shall be taken into account as if it were service in the public service.

5. Official oath or affirmation.

A person appointed to the office of Ombudsman shall not enter upon the duties of his office until he takes and subscribes the oath or makes and subscribes the affirmation set out in the Schedule hereto, before the President.

6. Duty to maintain secrecy.

(1) The Ombudsman shall, while he holds office and after he ceases to hold office, maintain secrecy in respect of all matters that come to his knowledge in the exercise, performance and discharge of his powers, duties and functions, except for the purposes of any investigation and of any report or recommendation to be made thereon under this Act.

(2) The Ombudsman shall not enter upon the duties of his office unless he takes and subscribes an oath or makes and subscribes an affirmation before the President, that he will not divulge any information, received by him, or coming to his knowledge, in the exercise, performance and discharge of his powers, duties and functions under this Act, except for the purposes of giving effect to this Act.

7. Ombudsman not to hold public office without consent after ceasing to be Ombudsman.

No person who has held office as Ombudsman shall hold office as a Public Officer at any time without the written public office consent of the President.

PART II

Staff of the Ombudsman

8. Deputy Ombudsman.

(1) The President may from time to time, in consultation with the Ombudsman, appoint one or more Deputy Ombudsmen.

(2) The Ombudsman may, by writing under his hand, delegate to a Deputy Ombudsman any of his powers, duties and functions under this Act, except the power of delegation under this section and the power to make a report under section 18, in relation to any particular matter or class or category of matters, subject to such restrictions and conditions as may be specified therein. The Ombudsman may at any time, revoke, vary or otherwise amend such delegation.

(3) A Deputy Ombudsman may, subject to any restriction or condition contained in the instrument of delegation, exercise, perform and discharge all the powers, duties and functions of the Ombudsman in relation to any matter delegated to him.

(4) Where a delegation of any power duty or function is made under this section, the Ombudsman may notwithstanding such delegation, exercise perform or discharge such power, duty or function.

(5) A Deputy Ombudsman may continue to exercise, perform and discharge the powers duties and functions delegated to him by the Ombudsman, notwithstanding the vacation of office by such Ombudsman, until such delegation is revoked, varied or otherwise amended by any successor in office to such Ombudsman.

(6) The provisions of section 3, 4, 5, 6 and 7 shall, mutatis mutandis, apply to, and in relation to, a Deputy Ombudsman:

Provided however, that a Deputy Ombudsman shall vacate office on his attaining the age of sixty-five years.

9. Other staff.

(1) There shall be appointed such number of officers and servants as may be necessary to aid and assist the Ombudsman and Deputy Ombudsman in the exercise, performance and discharge of their powers, duties and functions under this Act.

(2) The provisions of sections 5 and 6 shall, mutatis mutandis, apply to, and in relation to, all officers and servants appointed under subsection (1):

Provided, however, that such officers and servants shall take and subscribe the oath or make and subscribe the affirmation referred to in section 6 before the Ombudsman.

(3) The Ombudsman may, by instrument in writing, authorise, subject to such restrictions or conditions as he deems fit, any officer appointed under this section, to exercise, perform or discharge any of the powers, duties or functions conferred or imposed on, or assigned to the Ombudsman by this Act, except the power of delegation under section 8, the power of making any report under section 18, and the power of issuing a certificate under section 20.

(4) Any person purporting to exercise, perform or discharge any power, duty or function of the Ombudsman by virtue of an instrument referred to in subsection (3) shall, when required to do so, produce such instrument as evidence of his authority to exercise, perform or discharge such power, duty or function.

PART III

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