The Namibian government has tabled a new ombudsman bill in the National Assembly, which aims to repeal the 1990 Ombudsman Act and enhance the office's investigative powers. The proposed law, introduced by Justice and Labour Relations Minister Wise Immanuel, seeks to give greater effect to the constitutional mandate of the ombudsman. The bill proposes stricter penalties for those who obstruct investigations, intimidate complainants, or interfere with evidence.
Under the proposed law, individuals who obstruct investigations or intimidate complainants could face fines of up to N$20 000 or 12-month jail terms. The ombudsman or authorised investigators would have wide-ranging powers, including entering premises, accessing documents and records, seizing evidence, and compelling people to appear and answer questions. The office would also have the authority to take photographs, digital images, and recordings as evidence.
The bill expands the ombudsman's mandate to investigate systemic human rights concerns, maladministration, governance, and environmental matters. It also provides for complaints investigators and requires the ombudsman to recommend the appointment of the executive director and other staff. Minister Immanuel stated that the reforms are necessary because the current law has not kept pace with the growing responsibilities of the institution.
The proposed law allows the ombudsman or authorised investigators to enter buildings or premises considered necessary for an investigation, question people, access books, vouchers, documents, money, and other property, and make copies of records without paying fees. However, private homes and communications would receive additional protection, with searches or interference with correspondence only permitted in cases involving alleged human rights violations or misappropriation of public money or property.
Popular Democratic Movement president McHenry Venaani welcomed the concept of the bill but expressed concerns about funding, warning that a lack of adequate funds could cripple the initiative. Venaani emphasised the need for sufficient funds to enable the ombudsman to carry out its full functions and punish those in the wrong.
Other parliamentarians, including Peya Mushelenga and Ambrosius Kumbwa, have also expressed support for the bill, with some proposing amendments to extend its scope to the private sector. Mushelenga suggested that the ombudsman should be able to address labour matters in the private sector where human rights are being violated. Kumbwa called for a transparent appointment process and stronger powers to deal with maladministration, corruption, and human rights violations.
The bill also designates the deputy ombudsman as the children's advocate, assisting with matters involving children under the Child Care and Protection Act. Furthermore, it creates an offence for anyone who threatens, intimidates, harms, or disadvantages a complainant. The bill's implementation would depend on its passage through parliament and the allocation of sufficient funds to support the enhanced powers and mandate of the ombudsman's office.
Key points
- The proposed ombudsman bill introduces stricter penalties for obstructing investigations and enhances the office's investigative powers.
- The bill expands the ombudsman's mandate to investigate systemic human rights concerns, maladministration, governance, and environmental matters.
- Parliamentarians have expressed support for the bill, with some proposing amendments to extend its scope to the private sector and ensure sufficient funding.
