Guidelines on the appointment of an Unashamedly Ethical Ombudsman

-- By Advocate Keith Matthee, Unashamedly Ethical Ombudsman

The ombudsman needs to be a person who has extensive experience of sifting and assessing evidence. The ombudsman also needs to have had significant experience in an adjudicating role. In addition such person needs to be confident enough to make clear and prompt decisions when confronted with a complaint, irrespective of how difficult the issue is or how influential any of the parties are. In this regard it is crucial for the ombudsman to be able to know what is within their jurisdiction as ombudsman and what is not within their jurisdiction. They must be able to resist pressure as far as being forced or manipulated into intervening in a civil or personal dispute is concerned.

Fundamental to the role of the ombudsman is to have a person who not only is independent, but who is seen to be independent. For this reason I would advise against an ombudsman being a member of the organisation. For this reason I also would suggest that an ombudsman be appointed for a fixed period (at least two to three years) and that it be stipulated that such ombudsman has security of tenure for that period, save for exceptional circumstances as set out in the constitution of UE. 

The ombudsman must also be accessible as it is crucial that complaints are dealt with promptly. 

To achieve the above, it must be emphasized it is critical to appoint an ombudsman who has extensive experience as set out above. One wrong decision or intervention in a matter not within their jurisdiction can lead to High Court action and a big backlash. There is no reason why the ombudsman has to be a citizen of the country concerned, if the country concerned is struggling to find someone. In fact, from a continuity and consistency point of view, UE should consider the possibility of having one or two ombudsman for all its operations. After all ethical conduct should be the same everywhere.

Keith Matthee S.C.