By Dr.

Otiende Amollo, EBS, Chairperson of the

Commission on Administrative Justice
A Presentation to the Annual Conference of Pan
African Lawyers Union on the theme Combating
Corruption: The Role of the Legal Profession in
Africa.
The Sheraton Hotel, Abuja - Nigeria
22 24 September 2015

Based on the Social Contract Theory

Ombudsman - Agent or Representative of
the People
Naked Emperor Paradigm Speaking Truth
to Power
General Mandate

1.

2.
3.
4.

Redress of Grievances against Administrative

Injustices
Democratic Control over the Bureaucracy
Tackling of Bureau-Pathologies
Protection of Human Rights

Ancient Biblical Times Prophet Nathan and King

David Episode

African Traditional Societies Rwanda & South Africa

Greece 700 BC to 500 BC

Roman Empire 300 BC

China 3 BC to 220 AD

Swedish Development
- Highest Ombudsman 1713
- Parliamentary Ombudsman - 1809

Global Spread

Nomenclature Public Defender Attribute

Powers and Modus Operandi

Tanzania (1966) Leading the Pack

Continental Spread in 44 Countries
Establishment of the African Ombudsman &
Mediators Association
Second
Generation
Ombudsman
characterized by:
-

Extensive Jurisdiction beyond the Classical

Ombudsman Investigating Parliament [Kenya
& South Africa]
Multiple Competencies Administrative Justice,
Anti-Corruption & Human Rights [Ghana,
Tanzania, Rwanda, Namibia & Uganda e.t.c.]
Coercive Powers Powers to Prosecute
[Rwanda, Namibia & Uganda]
Remedial Action Binding Decisions [Kenya &
South Africa]

Types of Ombudsmen in Africa

1. Single Member Ombudsman with no Deputy
Francophone & Lusophone Countries & Lesotho
2. Single Member plus a Deputy [Botswana &
South Africa]
3. Specialty Offices Private Sector & Businesses
[South Africa & Anglophone Countries]
4. Dispersed Collegial Style [Nigeria]
5. Fused Collegial Type with Single & Multiple
Functions [Ghana, Tanzania, Gambia & Zambia]

Anchorage in Legal System

Placement in Structure of State Sui

Generis Institution

Role in Governance & Democracy

-

Complaints Handling
Systemic Investigations
Alternative Dispute Resolution
Constitutionalism Accountability for Actions

Meaning of Corruption
- Abuse of authority for personal or collective
benefit to the detriment of the rights and lawful
interests of others and society

Essential Ingredients
-

Position of Power or Authority

Discretion
Dishonesty, Unfair Behaviour or Malfeasance
Private Benefit

Maladministration - Encompasses Corruption

Two Categories of Ombudsmen:

1. Ombudsmen with Primary Anti-Corruption
Mandate Uganda, Namibia, Rwanda,
South Africa & Ghana
2. Ombudsmen
with
Complementary
Mandate Kenya, Nigeria, Mozambique,
Zambia & Botswana, Tanzania

1.

State of Governance in Africa

- Prevalence of Impunity in Africa
- Role of African Ombudsman in Redress of Impunity
Mandate of Promoting Good Governance

2.

Primary Mandate [Uganda, Rwanda, South Africa

& Namibia)
South Africa
- Prevention & Combating Corrupt Practices Act, 2004
- Investigation of the Nkandla Scandal

Rwanda
- Anti-Corruption Three Pronged Approach of Investigation,
Prevention, Education & Asset Recovery Management of
Wealth Declaration System
- Enforcement of the Leadership Code
- Prosecution and Bailiff Powers

1.

2.

3.

4.

5.

6.

Advisory
Opinions
on
Good
Governance

Recommending Anti-Corruption Preventive Measures

[Kenya]
Complementary
Mandate
to
Anti-Corruption
Authorities
Corruption Redress through Remedial Action Swift,
Accessible & Effective Redress [Kenya & South
Africa]
Systems Review Reforming Public Administration
by sealing inherent systemic weaknesses that allow
corruption to occur.
Companionship to Anti-Corruption Authority
Securing the Independence & Solidarity
Provision of Platform for Redressing Routine
Administrative Injustices

General Role Guardian of the Rule of Law

Specific Roles
1. Refrain from engaging in Corruption
2. Prosecute Corruption Cases
3. Create Awareness About Corruption
4. Whistle Blowing & Standing up against
Corruption
5. Role Modelling Living the Virtue of Integrity

Q&A