Move to strengthen ombudsman’s independence welcomed

The motion to give the Office of the Ombudsman independence is being welcomed by analysts, legal experts and policy makers.

Public policy analyst Marius Kudumo says tabling the ombudsman bill in the National Assembly is in adherence to the Namibian Constitution.

Article 89 (3) states, “No member of the Cabinet or the legislature or any other person shall interfere with the ombudsman in the exercise of his or her functions and all organs of the state shall accord such assistance as may be needed for the protection of the independence, dignity and effectiveness of the ombudsman.”

Kudumo says the legislature originally intended the Office of the Ombudsman to be independent in all material aspects, and the move is long overdue.

Popular Democratic Movement member of parliament Maximalliant Katjimune has welcomed the development, adding that his party has long said the ombudsman currently lacks the legislative teeth to perform its constitutional obligations effectively and without fear, favour or prejudice.

“We believe that this bill is the step in the right direction to truly make the ombudsman an independent constitutional functionary,” he says.

This comes after justice minister Yvonne Dausab tabled the ombudsman bill in the National Assembly on 19 February.

The bill follows calls from various organisations to give the ombudsman the autonomy to hold institutions accountable. In her motivation, Dausab argued that the bill would also give the ombudsman more power to hold the public sector accountable, and better align the office with international human rights instruments.

If passed and enacted, the bill will make the Office of the Ombudsman a fully independent body.

“The ombudsman traditionally serves as a safeguard against human rights violations, abuses of power by public institutions, administrative errors, negligence and poor governance,” she said in her motivation.

The bill is set to be discussed next week when the parliament resumes following the burial of founding president Sam Nujoma.

The Ombudsman Act came into force in 1990 and has remained unchanged for over three decades.

The former ombudsman, advocate John Walters, during an interview with Desert FM yesterday said the Ministry of Justice has failed to establish an independent ombudsman, leaving the office dependent on the ministry for monetary support and hindering its ability to act independently.

“If we determine our priorities, we have to ask for money. I [could not] use our own budget, which was never there,” Walters said.

He said the office’s biggest challenge came from the ombudsman being considered a statutory body required by the Ombudsman Act to report to the National Assembly and file an annual report.

He added that the annual report paints a picture of what the ombudsman stands for, what the office does and how money received from the ministry is spent.

“I and my predecessors in the current office spent, I think now 34 years filing this report. We spent a lot of money, and paid consultants to print the report file. Then nothing happened, nothing. I think the report is gathering dust somewhere,” Walters said.

He argued that the ombudsman’s office should have its own accounting office, similar to the Anti-Corruption Commission and the judiciary, with a budget that goes through the parliament. This, he said, would allow the office to hire its own staff.

“The ombudsman should have an express mandate to investigate matters of human rights violations, which is not in the current act. And money should be appropriated for that purpose,” Walters said.

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