Ombudsman bill proposes sweeping new powers

A proposed law to replace Namibia's Ombudsman Act seeks to strengthen the protection of children by allowing the deputy ombudsman to serve as the children's advocate.The bill, recently submitted to the National Assembly for scrutiny, also proposes changes to the appointment, administration, powers and financial arrangements of the ombudsman's office.Under the proposed legislation, the children's advocate would assist the ombudsman in carrying out responsibilities relating to children under the Child Care and Protection Act.The proposals come amid concerns about child abuse and the growing number of child-headed households in Namibia.Official statistics released by the gender ministry a few years ago showed that between 2019 and 2021, authorities were notified of 1 566 cases of child sexual abuse and 883 cases of physical abuse. A further 1 587 children were dumped and 293 abandoned.Social workers attached to gender-based violence protection units also provided psychosocial support to 3 112 children and their families.Section 8 of the bill empowers the ombudsman to initiate investigations independently or act on complaints, requests and referrals from individuals, institutions and government authorities.The proposed law will also allow the ombudsman to enter buildings or premises where there are reasonable grounds to do so for an investigation and examine documents, financial records, equipment and other property considered relevant.The office may also demand information, summon witnesses, question them under oath or affirmation and require the production of documents. Witnesses must answer relevant questions truthfully and cooperate with investigations.Complaints may be submitted anonymously, while complainants who disclose their identities may request confidentiality.The ombudsman may decline to investigate complaints considered frivolous, vexatious, trivial, made in bad faith or outside the office's mandate. The bill also provides discretion over the scope, location and timing of investigations.Appointments and tenureThe bill provides for the president to appoint the ombudsman and deputy ombudsman on the recommendation of the Judicial Service Commission (JSC).The ombudsman's terms and conditions would be determined by the president on the commission's recommendation, with retirement set at 65 years and extendable to 70.“The ombudsman must be a fit and proper person… the ombudsman may not undertake remunerative work outside official duties.The deputy ombudsman must be a judge or possess legal qualifications permitting practice in all Namibian courts and would serve a renewable five-year term.The creation of the deputy position would also provide additional senior legal capacity and allow responsibilities to be distributed within the office.Successive ombudsmen have called for greater administrative and financial independence.Under Section 11, the prime minister would appoint the executive director and other staff in accordance with the Public Service Act, acting on the ombudsman's recommendation. Their terms and conditions would be agreed upon between the prime minister and the Ombudsman.The office would receive money appropriated by parliament, while grants and donations from Namibia or abroad would require approval involving the executive director, ombudsman, finance minister and National Assembly.Donations could not be used to pay salaries or remuneration.Former Ombudsman John Walters, who led the institution for more than 17 years, welcomed the proposed reforms when the bill was first introduced in parliament last year.Walters had long advocated greater autonomy for the institution and regarded the proposed legislation as an important development."That was the most wonderful news I have heard in my whole career as a legal practitioner," Walters was quoted as saying at the time.

Ombudsman bill proposes sweeping new powers

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Namibian Sun 2026-11-05

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Ombudsman bill proposes sweeping new powers

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Namibian Sun 2026-11-05

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