CHAPTER 02:12
OMBUDSMAN

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

    3.    Application

PART II
Continuation of Office of Ombudsman and Appointment of Ombudsman

    4.    Continuation of office of Ombudsman

    5.    Appointment of Ombudsman

    6.    Disqualification for appointment as Ombudsman

    7.    Oath to be taken by Ombudsman

    8.    Tenure of office of Ombudsman

    9.    Vacation of office

PART III
Functions and Powers of Ombudsman

    10.    Functions of Ombudsman

    11.    Discharge of functions of Ombudsman

    12.    Powers of Ombudsman

PART IV
Complaint and Investigation

    13.    Manner of making complaint

    14.    Lodging of complaint

    15.    Complaint to be made by personal representative

    16.    Matters not to be investigated

    17.    Ombudsman to inform complainant of progress of matter

    18.    Conduct of investigation

    19.    Staff to perform their functions without undue influence, etc.

    20.    Procedure in respect of investigation

    21.    Evidence

    22.    Proceedings after investigation

PART V
Miscellaneous Provisions

    23.    Administrative expenses

    24.    Protection from liability

    25.    Confidentiality

    26.    Annual report and special report

    27.    Offences

    28.    Regulations

    29.    Repeal of Cap. 02:12

    30.    Savings and transitional provisions

        SCHEDULE

Act 22, 2021,
S.I. 63, 2023.

An Act to make provision for the continuation of the Office of the Ombudsman, for the powers and functions of the Ombudsman, the investigation of administrative actions taken on behalf of Government, the protection and promotion of human rights, the investigation of human rights violations, and for matters incidental thereto and connected therewith.

[Date of Commencement: 3rd July, 2023]

PART I
Preliminary (ss 1-3)

1.    Short title

    This Act may be cited as the Ombudsman Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "Cabinet" means the Cabinet established by section 44(1) of the Constitution;

    "complainant" includes a person who lodges a complaint on behalf of another person;

    "complaint" means a complaint made under Part IV of the Act;

    "department of Government" includes—

    (a)    all Ministries and entities of the Central Government, whether they are located outside or within Botswana;

    (b)    all parastatals, statutory organisations, local authorities; and

    (c)    any other entity which performs a public function;

    "human right" means a fundamental right or freedom provided for in the Constitution;

    "Ombudsman" means the Ombudsman appointed in terms of section 5;

    "private entity" means a voluntary organisation, non-governmental organisation, political party, charitable institution, society, association, company, partnership, club, trust or any other person or organisation which is not a public body; and

    "repealed Act" means the Ombudsman Act repealed under section 29.

3.    Application

    The provisions of this Act shall apply to a department of Government and to a private entity.

PART II
Continuation of Office of Ombudsman and Appointment of Ombudsman (ss 4-9)

4.    Continuation of office of Ombudsman

    (1) The office of the Ombudsman as established in the repealed Act shall continue to exist as if established under this Act.

    (2) The office of the Ombudsman shall consist of the Ombudsman, such Deputy Ombudsmen and other staff of the office as may be appointed.

    (3) The office of the Ombudsman shall be a public office and accordingly, the provisions of the Public Service Act (Cap. 26:01) shall apply with the necessary modifications to the office and the officers thereof.

5.    Appointment of Ombudsman

    (1) The Ombudsman and the Deputy Ombudsman shall be appointed by the President, after consultation with the Leader of the Opposition in the National Assembly and the Speaker of the National Assembly.

    (2) A person shall not be qualified to be appointed Ombudsman or Deputy Ombudsman unless he or she is qualified to be appointed to the office of a Judge of the High Court.

    (3) Where the Ombudsman or a Deputy Ombudsman dies, resigns, ceases to hold office, is removed from office or is unable to perform the functions of his or her office, the President shall, after consultation with the Leader of the Opposition in the National Assembly and the Speaker of the National Assembly, appoint a person to act as the Ombudsman or a Deputy Ombudsman until the appointment of a substantive Ombudsman or a Deputy Ombudsman.

    (4) The Ombudsman appointed in terms of this section shall be the accounting officer.

6.    Disqualification for appointment as Ombudsman

    A person shall not be qualified to be appointed as an Ombudsman or a Deputy Ombudsman if he or she is a—

    (a)    holder of an office in a political party;

    (b)    candidate for election as a member of the National Assembly;

    (c)    member of the National Assembly;

    (d)    member of any local authority;

    (e)    member of Ntlo ya Dikgosi; or

    (f)    holder of any other public office.

7.    Oath to be taken by Ombudsman

    An Ombudsman, a Deputy Ombudsman or an officer of the office of the Ombudsman shall not enter upon the duties of his or her office unless he or she has taken and subscribed to such oath or affirmation in the form set out in the Schedule—

    (a)    in the case of the Ombudsman and a Deputy Ombudsman, before the President; and

    (b)    in the case of any other officer, before the Ombudsman.

8.    Tenure of office of Ombudsman

    A person holding the office of Ombudsman shall vacate that office at the expiration of five years from the date of his or her appointment, and shall be eligible for re-appointment for only one further term of five years.

9.    Vacation of office