PDM MPs raise concerns over ombudsman bill, question independence and presidential appointments

Popular Democratic Movement (PDM) members of parliament (MPs) have raised concerns over the new ombudsman bill, questioning its independence and the president’s role in appointing the ombudsman.

PDM MP Inna Hengari says the president is cited as the appointer of the ombudsman on recommendation by the judiciary, causing concern.

“This in itself is a cause for concern, because as long as the executive (president) calls the shots on who gets appointed, it will compromise the ombudsman,” she says.

Hengari said this on Tuesday while contributing to the bill in parliament. The bill was tabled in the National Assembly on 19 February seeking autonomy of the institution.

She said the president cannot have the power to appoint the ombudsman and the deputy ombudsman, as such appointments would defeat the purpose of the bill, which is to give the ombudsman autonomy.

Hengari commended minister of justice Yvonne Dausab for tabling the bill as per the recommendation of the parliamentary committee on justice and legislature.

She believes the Office of the Ombudsman must be insulated from political interference, ensuring that the office-holder is accountable to the public and not the executive.

Hengari said the removal of the deputy ombudsman by the president must be amended to prevent arbitrary dismissals.

She said the ombudsman needs financial independence and a protective funding mechanism to address the lack of funding to investigate issues without governmental interference.

“Without proper independence and funds, the ombudsman will become a mere advisory body and not a teeth-biting body,” she said.

‘DON’T DOWNGRADE WOMEN’

The ombudsman’s jurisdiction, which only focuses on the public sector, is a huge problem, she said.

PDM member of parliament Elma Dienda suggested that the term ‘ombudsman’ must be changed as it does not represent all genders.

“Do not downgrade us women, it is Namibia. We need to adopt a name that speaks to all genders,” she said.

She also raised concerns over the appointment of the ombudsman executive director by the prime minister.

“If someone else appoints your staff without consulting you it undermines your authority and you have no input. The ombudsman must have inputs in these appointments and recommend them to the prime minister,” she said.

Dienda further indicated that the appointment of the ombudsman by the president would further undermine the institution’s investigations.
She said the appointed person would be appointed in favour of the incumbent party and would never be neutral.

“This would defeat the ombudsman’s independence. I, therefore, propose that they be appointed via public input as this would ensure transparency and accountability,” Dienda said.

She said the powers given to the president to remove the deputy ombudsman illustrate a clear undermining of the Office of the Ombudsman’s independence.

Meanwhile, political analyst Sacky Johannes says the judiciary appointed by the president has always been an issue and needs to be changed.

This is one of the many reasons why certain cases involving the incumbent government party often go the party’s way, he says.

A recent scenario Johannes cites is that of the Independent Patriots for Change and the Landless People’s Movement which lost and election challenge in court.

Johannes says judicial appointments must be done through public interviews.

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