Mauritius: Ombudsman's Office

Updated December 2009

Ombudsman's Office

Note: See also DARGA, LA 2009 Promoting the Effectiveness of Democracy Protection Institutions in Southern Africa: The Ombudsman and the National Human Rights Commission of Mauritius [PDF document], EISA Research report No 45.

Mauritius was amongst the first Commonwealth countries to adopt the ombudsman institution and the second African country after Tanzania (Reif C. L, 2004. pg 215). An entire chapter (Chapter IX, Sections 96-102) of the Constitution is devoted to the Ombudsman and it provides for the establishment of the institution, the manner in which the Ombudsman is appointed, the extent of his jurisdiction, his powers, the procedure to be followed when investigating and other cognate matters including the annual report to be made to the President of the Republic. According to Section 97 of the Constitution, the main role of the Ombudsman Office is to:

investigate any action taken by any officer or authority to which this section applies in the exercise of administrative functions of that officer or authority, in any case in which a member of the public claims, or appears to the Ombudsman, to have sustained injustice in consequence of maladministration in connection with the action so taken and in which-
(a) a complaint under this section is made;
(b) he is invited to do so by any Minister of other member of the Assembly; or
(c) he considers it desirable to do so of his own motion.

The Constitution also gives clear indications on the manner in which the Ombudsman must conduct its investigations as well as the limits of such investigations. It provides that the Ombudsman office cannot investigate matters related to the President of the Republic and his personal staff, the Chief Justice, any commissions established by the constitution, the DPP or those following his instructions, or those acting on powers delegated by the Public Service Commission (dealing with recruitment in the public service or the Disciplined Forces Services Commission (which deals with recruitment and promotion in the police and fire services). In addition to the above, the Ombudsman cannot intervene in the following cases:

  • Cabinet matters
  • Matters relating to defence, external relations and internal security
  • Matters concerning foreign missions e.g. Embassy, High Commission, etc.
  • Court proceedings
  • Private disputes
  • Complaint against private bodies
  • Complaint against local authorities and parastatal bodies. In certain cases however the Ombudsman seizes the parent ministry.

The Ombudsman Act of 1969 provides for the oath to be taken by the Ombudsman and the institutional arrangements for the setting up of the office, procedures to be followed and the general administration of the office. The Ombudsman is appointed by the President of the Republic in consultation with the Prime Minister and Leader of the Opposition. The President may also consult any leader of political parties represented in the National Assembly if he deems fit. The Constitution is clear about who is eligible to be appointed as the Ombudsman and how the Ombudsman' Office must function. The Ombudsman cannot be a member of the National Assembly or even a candidate to general or local elections. He also cannot be member of a local authority and cannot perform the functions of any other public office (Constitution, Section 96).

The Ombudsman can only make recommendations for further actions to be taken by relevant head of department or authority concerned. If no action is taken by the latter, the Ombudsman may table his recommendations to any minister concerned, the Prime Minister or to the National Assembly if he deems fit. However, the Ombudsman cannot initiate any legal action against public officials.

The Ombudsman office is set up in the same way as any other government institution where the code of ethics for government officers is to be respected. The other staff of the office including investigators and administrative staff is recruited as the rest of the public service that is through the Public Service Commission. The staff of the office comprises 14 persons including the Ombudsman, Mr. Soleman Hattea. The Ombudsman office is funded by the Consolidated Fund voted directly by the National Assembly. The Ombudsman depends on funds approved by the Ministry of Finance and Economic Empowerment and voted by the National Assembly. These funds have proven insufficient for the office to acquire latest technology such as latest IT systems which would allow officers of the institution to be more efficient.

The Ombudsman has the obligation to submit an annual report concerning the discharge of its duties to the President. This report is also tabled before the National Assembly. The latest published report of the Ombudsman, states that in 2007, 355 cases have been reported to the office. Moreover, 548 cases were dealt with of which 120 cases which have been rectified and 2 cases which have been partly rectified. As at end of December 2007, 183 cases which remained pending (Office of the Ombudsman 2008, 3-5). Based on Annual Report of the Ombudsman for 2001 to 2007, on average about 600 cases are received annually at the Ombudsman Office.

Official web site

Ombudsman's Office: http://www.gov.mu/portal/site/Ombudsmansite [opens new window] (accessed 8 Mar 2010).

References

CONSTITUTION OF THE REPUBLIC OF MAURITIUS 1968, [www] http://www.gov.mu/portal/site/AssemblySite/menuitem.ee3d58b2c32c60451251701065c521ca/ [opens new window] (accessed 22 Feb 2010).

OFFICE OF THE OMBUDSMAN 2008 Ombudsman Annual Report 2007, Port Louis, [www] http://www.gov.mu/portal/goc/ombudsman/file/annual07.doc [MS Word document] (accessed 8 Mar 2010).

OFFICE OF THE OMBUDSMAN Annual Reports 2001-2007, [www] http://www.gov.mu/portal/site/Ombudsmansite/menuitem.9527f8e3b2aa29552503821048a521ca/ [opens new window] (accessed 8 Mar 2010).

OMBUDSMAN ACT OF 1969, [www] http://www.gov.mu/portal/site/Ombudsmansite/menuitem.a43decb98d8f29552503821048a521ca/?content_id=a8013269ec1e7010VgnVCM100000ca6a12acRCRD [opens new window] (accessed 8 Mar 2010).