17 Aug 2021

Legislators have re-enacted, with amendments, the Ombudsman Act of 2021.

The act aims at expanding functions of the Ombudsman so as to provide for the continuation of the office of the Ombudsman and the appointment of the Ombudsman in consultation with Leader of Opposition in Parliament and Speaker of the National Assembly.

With new mandate, the Ombudsman shall be responsible for carrying 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 act empowers the Ombudsman to initiate investigations into human rights violations without necessarily waiting for reports to be made.

The act also provides for the oath to be taken by the Ombudsman as well as disqualification, tenure and vacation of the office.

The law has new provisions for complaints to be made by personal representatives where a complainant is for some reason unable to act for himself or herself, and it further provides for investigations.

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

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

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

Minister for Presidential Affairs, Governance and Public Administration, Mr Kabo Morwaeng recently stated that public education on human rights and advising government on human rights treaties and conventions and amendments of laws to conformity with Botswana’s human rights obligations with international bodies, would now lie with office of the Ombudsman.

He further said the Ombudsman would also make annual reports to the National Assembly and take human rights violations to court for failure or refusal to remedy any such desecrations. ENDS