Appointment and Tenure 164
Of office of Ombudsman
(1)
Provided that where the National Assembly rejects
a person nominated by the President, it shall not
again reject the person nominated to replace him or
her.
6 of 2001
(2)
In making an appointment under this section, the
President shall have regard to the need for persons
exercising the functions of Ombudsman to have
substantial administrative or professional
experience.
(3)
The office of Ombudsman and deputy Ombudsman
shall be offices in the public service.
A person shall not be qualified to hold office as
Ombudsman or deputy Ombudsman if he or she is a
member of the National Assembly, a Secretary of
state or holds any other public office.
(4)
Independence of 165
Ombudsman
The President shall appoint an Ombudsman and
his or her Deputies in consultation with the
Public Service Commission, subject to
confirmation of the National Assembly within
seven days of the presentation of the request:
(5)
Subject to this Constitution, an Act of the National
Assembly shall prescribe the tenure and terms of
service of the Ombudsman and any deputy
Ombudsman .
(6)
An Ombudsman or deputy Ombudsman may only
be remove from office by the President for inability
to discharge the functions of his or her officer
(where arising from infirmity of mind or body or
from any other cause) or for misconduct, and shall
not be remove unless the National Assembly has
appointed a tribunal to investigate the case and his
or her removal has been approved by resolution of
the National Assembly supported by the votes for
not less than two-thirds of all the members of the
National Assembly. The Ombudsman or a deputy
Ombudsman shall have the right to be heard and to
be legally represented before the tribunal.
(1)
Subject to the provisions of this chapter in the
exercise of his or her functions, the Ombudsman
and a deputy Ombudsman shall not be subject to the
direction or control of any other person or authority
but subject only to the Constitution and the law.