Constitution

Lesotho 1993 Constitution (reviewed 2018)

Table of Contents

CHAPTER XII. THE OMBUDSMAN

134. The Ombudsman

  1. There shall be an Ombudsman who shall be appointed, subject to the provisions of subsection (2), by the King acting in accordance with the advice of the Prime Minister for a term not exceeding four years.
  2. A person holding the office of Ombudsman may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be removed except in accordance with the provisions of subsection (3).
  3. Section 142(5) to (7) shall apply to the office of Ombudsman as it applies to the office of Auditor-General.

135. Functions of Ombudsman

  1. The Ombudsman may–
    1. investigate action taken by any officer or authority referred to in subsection (2) in the exercise of the administrative functions of that officer or authority in cases where it is alleged that a person has suffered injustice in consequence of that action; and
    2. perform such other duties and exercise such other powers as may be conferred on him by an Act of Parliament.
  2. Subject to such exceptions and conditions as may be prescribed by Parliament, the provisions of subsection (1)(a) shall apply in respect of any action taken by the following officers and authorities:
    1. any department of government or any member of such a department;
    2. any local government authority and the members and officers of a local government authority;
    3. any statutory corporation and the members and persons in the service of a statutory corporation.
  3. The Ombudsman shall make a written report of every investigation undertaken by him which–
    1. shall include a statement of the action if any, taken by the officer or authority concerned as a consequence of such investigation; and
    2. may include a recommendation as to what remedial action, including the payment of compensation, should be taken,

    and the Ombudsman shall submit annually to Parliament a summary of such reports.

  4. In the exercise of his functions under this section, the Ombudsman shall not be subject to the directions or control of any other person or authority.
  5. Parliament may make provision for the exercise of the functions of the Ombudsman (including the circumstances in which, and the times within which, a complaint may be made to the Ombudsman) and, without prejudice to the generality of the foregoing, the officers and authorities whose actions are not subject to investigation by him.
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