Parliament is set to strengthen the Office of the Ombudsman by turning it into that of a Public Protector whose decisions will be binding. The new office will be autonomous and independent, with its functions and powers defined by an Act of Parliament.
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“The decisions of the Office of the Public Protector shall be binding and acted upon by the party against whom action has been taken unless set aside by courts of law on review,” the amendment reads.
“The office shall be autonomous and independent in executing its functions and exercising its powers,” it reads.
It says the Public Protector “will operate without being subject to the control of any person or authority, answering only to the constitution and parliament”.
“It shall be subject only to this constitution and an Act of Parliament in the discharge of its functions.”
The amendment says the Public Protector’s office must act impartially and without fear, favour, or prejudice.
“The powers and functions of the office of the public protector shall be prescribed by an act of parliament.”
However, the office will have limitations on its investigative powers, including matters currently before the courts, those involving parliamentary or judicial officers, and issues related to foreign governments, international organisations, or criminal matters.
“They shall not investigate the matters related to an officer in parliamentary service or judicial service.”
It also says the Public Protector shall also not investigate a matter which involves the relations or dealings between the government and a foreign government or an international organisation.
It will not investigate an issue which is of a criminal nature.
Once passed, the law will end the tendency by government ministries and departments to ignore the recommendations of the Ombudsman.
It has been a long running practice for the recommendations of the Ombudsman to be disregarded.
For instance, last year the Ombudsman, Tlotliso Polaki, asked parliament to force the Lesotho Defence Force (LDF) to compensate families of people it killed.
Polaki, in two biting special reports, told parliament that the LDF refused to compensate the family of Lisebo Tang who was shot dead by soldiers near the home of the former commander, Lieutenant General Tlali Kamoli, in 2014.
The LDF, she said, also refused to compensate the family of Molapo Molapo who was killed by a group of soldiers at his home in Peka, Ha-Leburu, in 2022.
In 2018 the then Ombudsman, Leshele Thoahlane, asked parliament to direct the Roads Directorate to compensate a village chief in Butha-Buthe for using his personal site without consent.
Thoahlane’s special report to parliament showed that the Road Directorate had refused to pay Chief Thamahane Rasekila of Ha-Rasekila M2 000 per month from February 2014 to date despite his recommendations.
Parliament heard that the Ministries of Local Government, Public Works and Road Directorate had ignored the Ombudsman’s recommendations since May 2015 hence the special report.
Still in 2018, Thoahlane reported the Directorate on Corruption and Economic Offences (DCEO) boss to parliament for refusing to implement his recommendations.
Thoahlane, the former DCEO boss, complained that the then DCEO director general Borotho Matsoso had filled a senior position despite that there was a complainant who had approached his office about it.
He also said there was an application for judicial review by the High Court.
It had been at the Ombudsman’s advice that the DCEO should approach the High Court “for relief if they did not agree with the Ombudsman’s decision”.
Nkheli Liphoto
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