03 Aug 2021

MPs have expressed varied views in their debates on the proposed amendments on the Ombudsman Bill of 2021 that was presented by Minister for Presidential Affairs, Governance and Public Administration, Mr Kabo Morwaeng. 

The bill sought to amend the Ombudsman Act to, among other things, protect and promote human rights and expand functions of the Ombudsman. 

Commenting on the bill, Boteti West MP and Leader of the House, Mr Slumber Tsogwane said the bill would improve services rendered to the public. 

He said bringing about amendments was a progressive move. 

Mr Tsogwane reasoned that expanding the mandate of the Ombudsman to include issues of human rights was a welcome development and that the clauses on promotion and protection of human rights augured well with international conventions. 

Maun West MP and Leader of Opposition, Mr Dumelang Saleshando said the proposed amendments only brought about cosmetic changes and was not improving the current law. 

He argued that consultation was not adequate in that the Leader of Opposition was only ‘told’ about appointments in different portfolios that required his consent. He indicated that even if he had qualms regarding the appointments, there was no impact as the appointments were a prerogative of the President. 

Mochudi East MP, Mr Mabuse Pule supported the bill, saying it came at the right time and was progressive in that it addressed issues such as maladministration, especially when perpetrated by people in positions of responsibility and reputable organisations. 

Mr Pule stated that National Assembly’s fourth pillar anchored on governance and security, which, he said was covered on the draft bill. 

He added that the proposed amendments also empowered the Ombudsman, making the office stronger as they would now have the powers to summon people, something that was not in the current law. 

Jwaneng-Mabutsane MP, Mr Mephato Reatile said he was disappointed that the proposed bill was adding human rights component that had always been trampled on, with minimal action taken against perpetrators, despite cases being reported. 

He was of the view that the Ombudsman was not empowered enough to deal with human rights violations. 

MP for Molepolole North, Mr Oabile Regoeng said the bill was a welcome development, especially the component of human rights protection. 

He expressed worry about backlog of cases, adding some laws crafted were meant to serve Batswana better, but it was regrettable that they were poorly implemented. 

Mr Regoeng also complained about the tendency of not enforcing decisions taken by the Ombudsman, something he said was regrettable, and should be looked into. 

MP for Mmadinare, Mr Molebatsi Molebatsi said he was impressed about proposed amendments meant to empower the Ombudsman, adding that most complaints by public in districts needed to be resolved by Ombudsman. 

Bobonong MP, Mr Taolo Lucas said that Ombudsman was toothless and should be empowered enough to be independent, arguing that direct appointment of Ombudsman was unfair. 

He also argued that as chief legal investigator appointed by government, they were bound to be conflicted, hence their appointment should not be a prerogative of the executive. 

Mr Lucas also said that Ombudsman was already overwhelmed with unresolved disputes, hence adding human rights component to the Ombudsman’s mandate was therefore redundant. 

MP for Chobe, Mr Machana Shamukuni stated that the bill was commensurate with international standards of the high breed system regarding responsibility vested with the office of the Ombudsman. 

He hailed the human rights component as a welcome development as well as a clause that prohibited engaging in other income generating activities that could compromise their services. 

Gaborone South  legislator, Mr Dumezweni Mthimkhulu praised proposed clauses that promoted human rights protection, adding the law empowered the Ombudsman to be in a position to align human rights laws with the international conventions. 

Mr Mthimkhulu also said the bill was broad-minded to address grievances without cost implications. 

MP for Selebi Phikwe West, Mr Dithapelo Keorapetse was dissatisfied with the level of independence pertaining to the position and office, stating that it was pointless to infuse the aspect of human rights in the institution that was already overwhelmed, and that the office maybe rendered ineffective, unless it was capacitated enough. 

He argued that the power of appointment by President was prone to abuse of office by those that appointed them. 

Mr Keorapetse also reasoned that the Ombudsman did not have powers to sue or to be sued, something he said was disturbing, adding that the Ombudsman should be empowered to have their findings equivalent to court judgements, hence called for independence of the office. 

Specially elected MP, Ms Beauty Manake called for public education on the services offered by the Office of Ombudsman. 

She also argued that the office should be given enough budget commensurate with the expanded mandate of dealing with human rights issues. 

MP for Selebi Phikwe East, Mr Kgoberego Nkawana was worried about direct appointment of the  Ombudsman, adding that their allegiance would be influenced by those who appointed them. 

He further said cases adjudicated by Ombudsman were not substantive because they only made recommendations to public bodies and therefore, some recommendations were not implemented. 

Mr Nkawana therefore called for empowerment of the Ombudsman to take to task defaulting parties. 

Francistown East MP, Buti Billy was of the view that consulting the speaker and leader of opposition was a progressive move. 

He however called for screening or interviewing of the person appointed to the position, adding that the office was special and therefore should win public confidence. 

Takatokwane MP, Mr Tshoganetso Leuwe supported the inclusion of the human rights component to the proposed bill. 

MP for Francistown South, Mr Wynter Mmolotsi asked about the rationale for the amendments, because the minister did not present to Parliament, the challenges or successes of the current law. 

He was of the view that the proposed bill was not bringing about improvements. 

Mr Mmolotsi said the previous Act had a clause on recommendations, but those were never implemented, therefore, he argued that the Ombudsman should be empowered to ensure recommendations were implemented. 

Furthermore, he said consulting leader of opposition alone, was not adding improvements to the law, because the appointment was a prerogative of the President. 

Shashe West MP, Mr Fidelis Molao reasoned that the security of tenure into the proposed law was an important aspect that would serve to protect the Ombudsman. 

MP for Francistown West, Mr Ignatius Moswaane said the bill was not bringing about any improvements to the current law. 

Mahalapye East MP, Mr Yandani Boko also complained about the powers vested on the appointing authority, arguing that the President never heeded advice from the Leader of Opposition. 

Mr Boko further stated that the position of the Ombudsman was powerful hence the National Assembly should be consulted about. Ends