Namibia: Office of the Ombudsman
Updated December 2009
Note: See also BLAAUW, L 2009 Promoting the Effectiveness of Democracy Protection Institutions in Southern Africa: The Case of the Office of the Ombudsman in Namibia [PDF document], EISA Research report No 42.
The current Ombudsman, mandated by the Constitution of Namibia (1990, Articles 89-94), is established by the Ombudsman Act of 1990 as an independent body. An ombudsman had been created in 1986 legislation but disappeared along with South Africa control of Namibia (Ayeni 1997).
The ombudsman has power to make recommendations and take direct action by bringing proceedings for an interdict or other suitable remedy as a means to secure the termination of the offending action or the abandonment or alteration of the offending procedures complained against. The ombudsman is appointed by the President on the recommendation of the Judicial Service Commission and has no term limit. The first ombudsman assumed office in 1992.
The Namibian Ombudsman is a hybrid institution incorporating the public protector, human rights protections, anti-corruption and environmental protection mandates. In addition to the investigation of cases of maladministration and corruption by public authorities at the national and local levels, the ombudsman has the powers to investigate the following:
- complaints of human rights infringements;
- abuse of power, unfair, harsh, insensitive or discourteous treatment;
- manifest injustice or corruption by government officials;
- complaints of human rights violations by private persons/entities;
- complaints against administrative organs, the defence force, the police force and the prison service relating to their failure to achieve a balanced structuring of such service, equal access in recruitment matters or fair administration; and
- over-utilisation of living natural resources, irrational exploitation of non-renewable resources, degradation and destruction of ecosystems and failure to protect the beauty and character of Namibia.
The Ombudsman cannot investigate the judicial branch. In 2003, the Namibian legislature, having rejected a proposal for an independent anti-corruption commission, confirmed that the ombudsman would carry out this function in Namibia (Dentlinger 2003) . The human rights and fundamental freedoms monitored by the ombudsman comprise civil, political, economic, social and cultural rights. In addition to the usual ombudsman powers, the Namibian ombudsman has been given stronger remedial powers. The office can refer matters to the Prosecutor-General and Auditor-General; bring court proceedings to halt or alter offending action or prohibit its enforcement by challenging the validity of laws which are used to justify such conduct; and determine whether law predating Namibian independence violate the Constitution, and if so, make recommendations to government for their abolition or reform.
In addition, the Constitution gives the ombudsman discretionary power to provide legal assistance and advice to persons engaging in litigation to uphold their constitutionally upheld human rights. This unusual feature recognises that many Namibians do not have access to justice because of lack of resources, the absence of a legal aid programme and shortage of trained lawyers. As a result of the extensive mandate of the ombudsman, the provision of sufficient resources by government is essential in order for the ombudsman to exercise its functions effectively (Reif 2004) . The ombudsman was considered effective in addressing some corruption and human rights problems.
The ombudsman reports to a Special Committee of Parliament, which is tasked among other duties the following (Inter-Parliamentary Union 2006):
- To examine, consider and report on the annual and other reports laid before the National Assembly under the Ombudsman Act
- To satisfy itself that the Office of the Ombudsman has been carrying out its mandate efficiently and effectively, and to make recommendations accordingly
- To confirm that Government offices, Ministries and Agencies are responding positively to queries and are duly cooperating with the Office of the Ombudsman
Official web site
Office of the Ombudsman: http://www.ombudsman.org.na/ [opens new window] (accessed 8 Mar 2010).
References
AYENI V. 1997 "Evolution of and prospects of the ombudsman in Southern Africa", International Review of Administrative Sciences, 63.
CONSTITUTION OF NAMIBIA 1992, [www] http://209.88.21.55/opencms/export/sites/default/grnnet/AboutNamibia/constitution/constitution1.pdf [PDF document, opens new window] (accessed 23 Feb 2010).
DENTLINGER 2003 "Country Accused of Lacking Drive to Root Out Corruption", The Namibian, 22 July.
INTER-PARLIAMENTARY UNION 2006 Parliament and Democracy in the Twenty-First Century: A Guide to Good Practice, Geneva, IPU.
REIF, L 2004 The Ombudsman, Good Governance and the International Human Rights System, Martinus Nijhoff Publishers.
