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Historical Background
The Institution of the Ombudsman existed in various forms and capacities among ancient civilizations, for example, the Romans and other medieval empires, but was never “truly” incorporated into their systems of governance.
It was only in 1809 that the Swedes incorporated into their constitution the institution of the Ombudsman. In fact the word “Ombudsman” is made up of two words - the Swedish term, “Ombud” which means “Citizen Defender” and the word man, which is the English generic for person.
Following the example of the Swedes, governments around the world have since established, with some modifications, Ombudsman offices. Generally the Ombudsman is a person authorized by the state to resolve complaints of individuals against state administration or on his/her own initiative investigate and resolve violations of citizen rights and/or correct perceived maladministration.
Ombudsman of Botswana
The Botswana Ombudsman was established by a 1995 Act of Parliament and started operating on 1 December 1997. The Ombudsman is an official who is appointed by the President in consultation with the Leader of the Opposition in Parliament. His duty is to investigate administrative actions or decisions taken by public institutions or the officials of such institutions. He investigates upon receipt of complaints from members of the public or, in some cases, of his own motion and, in either case, may make recommendations for remedial action if he considers it necessary to do so. The Botswana Ombudsman, as a public oversight institution, is independent of the government of the day or any political party. This means that in the discharge of his functions, the Ombudsman is not subject to the direction or control of any person or authority and, his decisions cannot be subject to question or review by a court of law. The Ombudsman is appointed, in terms of the Ombudsman Act, on a four year contract. He is assisted by other staff who are appointed on a permanent and pensionable basis in terms of the Public Service Act (Cap 26.01). The current Ombudsman is Mr. Ofentse Lepodise who was appointed on 1st July 2006. Staff of the Ombudsman comprises Legal Investigators who are responsible for the investigation of complaints of maladministration, and others who provide admin and other support services. The Nature of the Ombudsman Office
The Ombudsman’s job is to investigate incidents of maladministration and abuse of power in the Public Sector and to recommend corrective action as may be applicable. In the event that the authority concerned refuses or unreasonably delays to implement the Ombudsman’s recommendations, he may lay a Special Report before the National Assembly. At this point the Ombudsman’s job is done.
The Ombudsman’s proceedings or decisions can not be questioned in any court of law and the Ombudsman may not appear in his official capacity as a witness or representative of any person in a court of law.The Ombudsman Act, 1995, specifically provides that the Ombudsman’s decisions may not be reviewed by a court of law,thus ensuring finality of and respect for Ombudsman decisions.
For more information please see FAQ’s .
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Overview
