Namibia: Ombudsman Bill Proposes N$20 000 Fines for Obstruction

A proposed new ombudsman law could see people who obstruct investigations, intimidate complainants or interfere with evidence fined up to N$20 000 or jailed for 12 months.

The ombudsman bill 2026, tabled on Tuesday in the National Assembly, also gives the office wide investigative powers, including entering premises, accessing documents and records, seizing evidence and compelling people to appear and answer questions.

The bill, tabled by justice and labour relations minister Wise Immanuel, seeks to repeal the 1990 Ombudsman Act and replace it with legislation that gives greater effect to the constitutional mandate of the office.

Under the proposed law, the ombudsman or an authorised investigator may enter buildings or premises considered necessary for an investigation, question people, access books, vouchers, documents, money and other property, and make copies of records without paying fees.

The office may also seize anything connected to an investigation and take measures to prevent evidence from being destroyed or tampered with.

The powers extend to taking photographs, digital images and recordings as evidence. Private homes and communications would, however, receive additional protection.

Searches or interference with correspondence would only be permitted in cases involving alleged human rights violations or the alleged misappropriation of public money or property, and under specified conditions relating to consent or obtaining a search warrant.

Immanuel on Tuesday said the reforms were necessary because the current law had not kept pace with the growing responsibilities of the institution.

“The legislative framework governing it has not kept pace with the demands of a mature constitutional democracy,” he said.

The bill also expands the ombudsman’s mandate to investigate systemic human rights concerns, maladministration, governance and environmental matters.

It further provides for complaints investigators and requires the ombudsman to recommend the appointment of the executive director and other staff.

Popular Democratic Movement president McHenry Venaani yesterday welcomed the concept of the bill, but cautioned against lack of funding, citing that this will cripple the concept “which is a very good one”.

Venaani said he wants adequate funds allocated to the ombudsman to carry out its full functions and to punish those in the wrong.

Parliamentarian Peya Mushelenga also supports the bill, but proposes that it should not be limited to only the public sector but also to the private sector.

“We have labour matters in this country where human rights are being violated and these are the avenues the ombudsman must enter and address,” he said.

All People’s Party president Ambrosius Kumbwa calls for a transparent appointment process and stronger powers to deal with maladministration, corruption and human rights violations. He also says the office should not remain concentrated in Windhoek.

The bill requires the deputy ombudsman to serve as the children’s advocate, assisting with matters involving children under the Child Care and Protection Act.

“It creates an offence for anyone who threatens, intimidates, harms or disadvantages a complainant, witness or their next of kin because of a complaint or cooperation with an ombudsman investigation,” the bill reads.

The proposed law will come into operation on a date determined by the minister.

By Namibian.