91

Article 91 Functions The functions of the Ombudsman shall be defined and prescribed by an Act of Parliament and shall include the following: (a) the duty to investigate complaints concerning alleged or apparent instances of violations of fundamental rights and freedoms, abuse of power, unfair, harsh, insensitive or discourteous treatment of an inhabitant of Namibia by an official in the employ of any organ of Government (whether central or local), manifest injustice, or conduct by such official which would properly be regarded as unlawful, oppressive or unfair in a democratic society; (b) the duty to investigate complaints concerning the functioning of the Public Service Commission, administrative organs of the State, the defence force, the police force and the correctional service in so far as such complaints relate to the failure to achieve a balanced structuring of such services or equal access by all to the recruitment of such services or fair administration in relation to such services; (c) the duty to investigate complaints concerning the over-utilization of living natural resources, the irrational exploitation of non-renewable resources, the degradation and destruction of ecosystems and failure to protect the beauty and character of Namibia; (d) the duty to investigate complaints concerning practices and actions by persons, enterprises and other private institutions where such complaints allege that violations of fundamental rights and freedoms under this Constitution have taken place; (e) the duty and power to take appropriate action to call for the remedying, correction and reversal of instances specified in the preceding Sub- Articles through such means as are fair, proper and effective, including: (aa) negotiation and compromise between the parties concerned; (bb) causing the complaint and his or her finding thereon to be reported to the superior of an offending person; (cc) referring the matter to the Prosecutor-General; (dd) bringing proceedings in a competent Court for an interdict or some other suitable remedy to secure the termination of the offending action or conduct, or the abandonment or alterations of the offending procedures; (ee) bringing proceedings to interdict the enforcement of such legislation or regula tion by challenging its validity if the of fending action or conduct is sought to be justified by subordinate legislation or regulation which is grossly unreasonable or otherwise ultra virus’, (ff) reviewing such laws as were in operation before the date of Independence in order to ascertain whether they violate the letter or the spirit of this Constitution and to make consequential recommendations to the President, the Cabinet or the Attorney- General for appropriate action following thereupon; (f) the duty to investigate vigorously all instances of alleged or suspected misappropriation of public monies by officials and to take appropriate steps, including reports to the Prosecutor-General and the Auditor- General pursuant thereto; (g) the duty to report annually to the National Assembly on the exercise of his or her powers and functions.