The office of the Ombudsman is advocating for the repeal and amendment of the Ombudsman Act of 1990 to establish a modern legislative framework that ensures full administrative and financial autonomy for the institution.
The old Act keeps the Ombudsman dependent on the government, while the new Bill offers independence and real power.
The Ombudsman notes that the 1990 Act does not clearly define modern human rights, making new legislation necessary for effective protection.
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The outdated Act also restricts the Ombudsman to investigations and recommendations without enforcing compliance from government agencies. A new bill would enhance enforcement and create a fairer hiring process, ensuring the Ombudsman's neutrality.
This urgency was reinforced by Ombudsman officials during a stakeholder engagement meeting with the National Council last Thursday in Windhoek, where they articulated the importance of the new bill.
Still functioning under statutory provisions largely unchanged since 1990, the watchdog institution is said to continue facing structural limitations that hinder its operational effectiveness and statutory responsibilities.
"The new bill will strengthen independence through financial autonomy, operational independence and security of tenure.
The Bill establishes the office as a separate office in the public service with its own accounting officer and independent budget while providing for a transparent, merit-based recruitment process and diverse staffing," the officials argued.
The Ombudsman asserts that the new bill will replace the outdated Act, which primarily addresses maladministration, abuse of power, corruption, and injustice, by promoting and safeguarding all human rights, including socio-economic rights. It will also provide explicit powers to monitor, investigate, and report on systemic human rights issues.
The Ombudsman's officials further stated that the office faces significant challenges, including a steady rise in complaints while operating with inadequate staffing. Vacant positions often remain unfilled for up to a year, straining resources and delaying investigations.
Additionally, the absence of an independent budget vote limits operations, creating a dependency on external financial frameworks.
According to the Ombudsman, the stalled progress on the Ombudsman Bill hampers essential statutory reforms necessary to strengthen the institution's powers and enhance its international standing. -Nampa
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