made by, his personal representative or by a member of his family or other
individual suitable to represent him; but except as specified in this subsection, a
complaint shall not be entertained unless made by the person aggrieved himself.
(5)
The Ombudsman shall not conduct an investigation in respect of any complaint
under this section unless the person aggrieved is resident in Mauritius,(or, if he is
dead, was so resident at the time of his death) or the complaint relates to action
taken in relation to him while he was present in Mauritius or in relation to rights or
obligations that accrued or arose in Mauritius.
(6)
The Ombudsman shall not conduct an investigation under this section in respect of
any complaint under this section in so far as it relates to (a)
any action in respect of which the person aggrieved has or had a right of
appeal, reference or review to or before a tribunal constituted by or under
any law in force in Mauritius; or
(b)
any action in respect of which the person aggrieved has or had a remedy by
way of proceedings in any court of law:
Provided that –
(i)
the Ombudsman may conduct such an investigation notwithstanding
that the person aggrieved has or had such a right or remedy if
satisfied that in the particular circumstances it is not reasonable to
expect him to avail himself or to have availed himself of that right or
remedy; and
(ii)
nothing in this subsection shall preclude the Ombudsman from
conducting any investigation as to whether any of the provisions of
Chapter 11 has been contravened.
(7)
The Ombudsman shall not conduct an investigation in respect of any complaint
made under this section in respect of any action if he is given notice in writing by
the Prime Minister that the action was taken by a Minister in person in the exercise
of his own deliberate judgment.
(8)
The Ombudsman shall not conduct an investigation in respect of any complaint
made under this section where it appears to him (a)
that the complaint is merely frivolous or vexatious;
(b)
that the subject-matter of the complaint is trivia 1;
(c)
that the person aggrieved has no sufficient interest in the
subject-matter of the complaint; or
(d)
that the making of the complaint has, without reasonable cause, been
delayed for more than 12 months.