(9)
The Ombudsman shall not conduct an investigation under this section in respect of
any matter where he is given notice by the Prime Minister that the investigation of
that matter would not be in the interests of the security of Mauritius.
(10)
In this section, 'action' includes failure to act.
Amended by [Act No. 2 of 1982]; [Act No. 48 of 1991]; [Act No. 5 of 1997]; [Act No. 19
of 2003]
98.
99.
Procedure in respect of investigations
(1)
Where the Ombudsman proposes to conduct an investigation under section 97, he
shall afford to the principal officer of any department or authority concerned, and to
any other person who is alleged to have taken or authorised the action in question,
an opportunity to comment on any allegations made to the Ombudsman in respect
of it.
(2)
Every such investigation shall be conducted in private but, except as provided in
this Constitution or as prescribed under section 102, the procedure for conducting
an investigation shall be such as the Ombudsman considers appropriate in the
circumstances of the case; and without prejudice to subsection (1) the Ombudsman
may obtain information from such persons and in such manner, and make such
enquiries, as he thinks fit, and may determine whether any person may be
represented, by counsel or attorney or otherwise, in the investigation.
Disclosure of information
(1)
For the purposes of an investigation under section 97, the Ombudsman may require
any Minister, officer or member of any department or authority concerned or any
other person who in his opinion is able to furnish information or produce documents
relevant to the investigation to furnish any such information or produce any such
document.
(2)
For the purposes of any such investigation, the Ombudsman shall have
the same powers as the Supreme Court in respect of the attendance and
examination of witnesses (including the administration of oaths and the examination
of witnesses abroad) and in respect of the production of documents.
(3) No obligation to maintain secrecy or other restriction upon the disclosure of information
obtained by or furnished to persons in the public service imposed by any law in
force in Mauritius or any rule of law shall apply to the disclosure of information for
the purposes of any such investigation, and the State shall not be entitled in relation
to any such investigation to any such privilege in respect of the production of
documents or the giving of evidence as is allowed by law in legal proceedings.
(4)
No person shall be required or authorised by virtue of this section to furnish any
information or answer any question or produce any document relating to
proceedings of the Cabinet or any committee of Cabinet, and for the purposes of
this subsection, a certificate issued by the Secretary to the Cabinet with the
approval of the Prime Minister and certifying that any information, question or
document so relates shall be conclusive.