presentation to second colloquium on enforcement of ombudsman decisions
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Presentation to Second Colloquium on Enforcement of Ombudsman DecisionsTRANSCRIPT
BY HON. DR. OTIENDE AMOLLO, CHAIRPERSON OF THE COMMISSION ON ADMINISTRATIVE JUSTICE
SECOND COLLOQUIUM OF AFRICAN OMBUDSMAN INSTITUTIONS
SAFARI PARK HOTEL, NAIROBI – KENYA
20TH FEBRUARY 2015
1. Classical Model Origin and Functioning- Moralsuation – More Recommendations- Parliamentary Reporting - Judicial Enforcement – Rare Jurisdictions e.g.
Northern Ireland Global Spread Shortcomings of the Classical Model in Africa
2. The ‘New’ Ombudsman Transplantation and Adaptation Multiple Functions
- Maladministration- Anti-Corruption- Human Rights
Extensive Powers - Adjudication- Powers of a Court – Contempt of the Ombudsman- Prosecutorial Powers
Adoption of the ‘New’ Model Contradictory Context – Nature of Work
vis-à-vis Placement &‘Soft’ Power Challenge of Enforcement
- Moralsuation – Applicable in Africa?- Inadequacies of Parliamentary Reporting • Quality & Frequency of Debate, • Politicisation of Ombudsman’s Work
- Danger of Judicial Enforcement – Negation of the Existence of the Ombudsman
Commission on Administrative Justice (CAJ) Establishment: Article 59(4) of the
Constitution and CAJ Act, 2011 Mandate
- Maladministration- Misconduct and Integrity- Advisory Opinions and Recommendations- Training of Public Officers- Performance Contracting- Alternative Dispute Resolution- Special Rights- Shared Role in Constitutionalism
Powers of the Commission: Powers of the Court Issuance of Summons and Orders Adjudication Searches and Inspections Statements under Oath Compel Production of Relevant Information Conduct Interviews Compel Attendance of the Commission Remedial Action – Compensation e.t.c
Innovative Enforcement Mechanisms1. Submission of Reports to Appropriate Agencies –
S. 42(1) & (3) with timelines for Response2. Notice to Show Cause
- Unresponsiveness- Compliance Level of 98%
3. Summons – Penal Sanction4. Performance Contracting
- Resolution of Complaints by Public Agencies- Certification and Rating by the Commission - Requirement of Report on Implementation of
Recommendations and Decisions of the Commission- Sanctions for Non-Compliance
5. Public Interest Litigation- A Party- Interested Party- Amicus Curiae (Friend of the Court
6. Reporting Mechanism- Annual- Bi-Annual- Special
7. Citation Register- Unresponsiveness & Malfeasance- Sanctions under Performance Contracting- Naming & Shaming in Annual Report
8. Huduma Ombudsman Awards- Rewarding
9. Inspections (Spot Checks)
10. Use of Coercive Powers- Investigations- Adjudication- Remedial Action
Q & A