Ombudsman to get ‘power’ injection

For the first time in 30 years, the Ombudsman’s Act will be amended, the country’s incumbent Ombudsman John Walter has said. Walters, in a series of interviews with NAMPA which covered his effectiveness, public perception and plans, said the draft legislation, currently before the Cabinet Committee on Legislation, will arm the office with the much-needed ammunition, broaden its mandate and guarantee its autonomy. “The envisaged bill (amendments) expressly provides for the independence of the Ombudsman,” he said. “We all know the goalposts have changed but not the Office of the Ombudsman,” Walters said. “The Ombudsman will have powers to visit all institutions unannounced. It gives some teeth to the Ombudsman, which I currently do not have,” propounded Walters. Further, the Ombudsman will be empowered to initiate investigations rather than waiting on the public to file complaints. “I’ve worked hard on this new Act for my successor,” he said. A key feature in the proposed law is the Ombudsman’s financial autonomy. “For the past 16 years, I’ve lived in the shadow of the Ministry of Justice. They control my budget and I have to request them for money when I have to do any promotional work,” he said. July 2021 will be Walters’ last month in office. “I hope when I leave the office and my successor comes on board, the Act will be passed and he will have better powers and a staff that he or she is satisfied with,” he said. Over the years, the Office of the Ombudsman has attracted criticism from politicians and the public, with many branding it a ‘toothless dog’. In defence, Walters consistently drops the bucket at the doorsteps of the National Assembly which is required by law to enforce the ombudsman’s recommendations. The bill also provides for a litigation section of the Ombudsman with lawyers who can take matters to court and “enforce”. There will also be enforcement time limits for Parliament to act on the Ombudsman’s recommendations. Legal expert Messe Tjituri welcomed the development, albeit with reservations. “One way of ensuring the success of the office is to guarantee its independence and to appoint people who have integrity and pays no allegiance to persons connected to State power and who can execute the functions of the institution without fear or favour,” Tjituri commented. -NAMPA

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