02 Aug 2021

Minister for Presidential Affairs, Governance and Public Administration, Mr Kabo Morwaeng, has tabled a bill, which seeks to expand the functions of the Ombudsman. 

Tabling the Ombudsman Amendment Bill before Parliament recently, Mr Morwaeng said the aim was to repeal and re-enact with amendments the Ombudsman Act to, among others, protect and promote human rights. 

The bill further provides for the continuation of the office of the Ombudsman and the appointment of the Ombudsman in consultation with the Leader of Opposition and Speaker of the National Assembly. 

Mr Morwaeng explained that initially the Ombudsman was appointed without consultation with the speaker. 

Under the new act, he stated, the Ombudsman’s mandate would be to carry out investigations in respect of any action taken by private entities and government departments where there were allegations of human rights violations. 

In addition, the bill empowers the Ombudsman to initiate investigations into human rights violations without necessarily waiting for reports to be made. 

Mr Morwaeng said the Office of the Ombudsman would also be responsible for public education on human rights besides advising government on treaties and conventions. 

The Ombudsman shall also be responsible for advising government on amendments of laws so that they conform to Botswana’s human rights obligations with international bodies. 

Mr Morwaeng further said the Ombudsman shall also make annual reports to the National Assembly and take human rights violations to court in the event there was failure or refusal to remedy any such violations. 

The bill also provides for the Ombudsman to take oath as well as procedures for disqualification, tenure and vacation of the office. 

It further introduces new provisions for personal representatives to make complaints where a complainant is for some reason unable to act for themselves and for carrying out of investigations. 

Under this provision, the Ombudsman would be required to inform a complainant of his or her decision not to investigate or to discontinue investigations. 

The bill also provides for investigations as well as assistance and cooperation between government, public authorities and other bodies. 

Other parts of the bill provide for miscellaneous provisions such as protection from liability of the Ombudsman staff, offences, regulations and savings and transitional provisions. Ends