The longest-serving Ombudsman and legal expert John Walters is thrilled to witness the motivation of the Ombudsman Bill in Parliament, which seeks to grant autonomy to the office.
It is a legislative reform he had fought for in over 17 years while leading that institution. “That was the most wonderful news I have heard in my whole career as a legal practitioner,” Walters said excitedly.
“I have been fighting for that legislation,” he told New Era.
He said although it took so many years, it is not too late. “I hope the Members of Parliament will apply their minds, and that piece of legislation goes through. Finally, the current and incoming Ombudsman will not have to struggle like I and my predecessors.
Now, they can control their own budgets, their own independence, and determine their own priorities – that was a travesty of justice,” he stated.
Efforts to get comment from Walters’ successor Basilius Dyakugha yesterday were fruitless as his phone went unanswered.
His remarks came after Justice minister Yvonne Dausab tabled the draft law aimed at strengthening the legal framework governing the office of the Ombudsman.
In her motivation in the National Assembly last week, she said although there are no known incidents of interference by State organs with the Ombudsman, the Ombudsman Act has remained unchanged for over three decades.
“Perhaps it made sense then, but the limited nature in text and scope of the law was not enough to safeguard the Ombudsman’s autonomy, and guarantee its independence,” she motivated.
Traditionally, the office of the Ombudsman serves as a safeguard against human rights’ violations, abuse of power by public institutions, administrative errors, negligence, unfair decisions and poor governance.
Its core function is to enhance public administration by ensuring that a government is responsive to the needs of the people, and that public officials remain accountable to the public.
Over time, this office has become a crucial mechanism for people seeking justice against unfair actions by public authorities.
At present, the Ombudsman reports to the Ministry of Justice.
Dausab proposed to separate the office of the Ombudsman from the Ministry of Justice in terms of administrative and financial responsibilities, much like the Judiciary, which operated under the Ministry of Justice for 25 years before achieving full independence in 2015.
“The principle to support its independence was not negotiable, but having it as an administrative office within the Ministry of Justice became increasingly challenging because of the competing interests related to law and justice,” she noted.
The minister said the need for an effective and well-resourced office became increasingly evident, as the Namibian public required an institution which could respond to their concerns in a timely and competent manner.
In 2018, the Parliamentary Standing Committee on Constitutional and Legal Affairs conducted a review, and recommended that the Office of the Prime Minister and the Ministry of Justice introduce a Bill to amend the Ombudsman Act.
“There is a need to strengthen the Ombudsman’s powers, introduce punitive measures for non-compliance, enhance its autonomy and provide for the appointment of an executive director and staff, along with a dedicated budget vote”, the committee emphasised.
This recommendation was subsequently adopted by the National Assembly in March 2020, laying the foundation for the drafting of the Ombudsman Bill.
Dausab said the Bill seeks to give effect to these reforms, and ensure that the office of the Ombudsman operates with the independence and authority required to effectively fulfil its mandate.
The proposed legislation now awaits further parliamentary deliberation and potential amendments before it is enacted into law.
-ashikololo@nepc.com.na