(5)
The Attorney-General may give notice to the Ombudsman, with respect to any
document or information specified in the notice, or any class of documents or
information so specified, that in his opinion the disclosure of that document or
information, or of documents or information of that class, would be contrary to the
public interest in relation to defence, external relations or internal security; and
where such a notice is given nothing in this section shall be construed as
authorising or requiring the Ombudsman or any member of his staff to communicate
to any person for any purpose any document or information specified in the notice,
or any document or information of a class so specified.
(6)
Subject to subsection (3), no person shall be compelled for the purposes of an
investigation under section 97 to give any evidence or produce any document which
he could not be compelled to give or produce in proceedings before the Supreme
Court.
Amended by [Act No. 48 of 1991]
100.
Proceedings after investigation
(1)
(2)
This section shall apply in every case where, after making an investigation, the
Ombudsman is of opinion that the action that was the subject-matter of
investigation was (a)
contrary to law;
(b)
based wholly or partly on a mistake of law or fact;
(c)
unreasonably delayed; or
(d)
otherwise unjust or manifestly unreasonable.
Where in any case to which this section applies the Ombudsman is of
opinion –
(a)
that the matter should be given further consideration;
(b)
that an omission should be rectified;
(c)
that a decision should be cancelled, reversed or varied;
(d)
that any practice on which the act, omission, decision or
recommendation was based should be altered;
(e)
that any law on which the act, omission, decision or
recommendation was based should be reconsidered;
(f)
that reasons should have been given for the decision; or
(g)
that any other steps should be taken,
the Ombudsman shall report his opinion, and his reasons, to the principal officer of
any department or authority concerned, and may make such recommendations as
he thinks fit; he may request that officer to notify him, within a specified time, of any