PART III - INVESTIGATIONS
17.Functions of the Ombudsman Commission
For the purposes of this Law, the functions of the Ombudsman Commission, in addition to the functions specified in Sections 27 (responsibilities of office) and 29 (prosecution of misconduct in office) of the Constitution and elsewhere in this Law, are—(a)to examine or cause to be examined each statement lodged with it under Section 4; and(b)to examine or cause to be examined each disclosure made under Section 15 or any subsequent disclosure relating to that disclosure; and(c)to investigate, on its own initiative or on complaint by any person, or cause such an investigation to carried out into any alleged or suspected misconduct in office by a person to whom this Law applies; and(d)to refer to the Public Prosecutor for prosecution by him before the appropriate tribunal referred to in Section 27 any case where, in its deliberate judgement, there is evidence of misconduct in office by a person to whom this Law applies.
- Any person may make a complaint to the Ombudsman Commission concerning the alleged or suspected misconduct in office of a person to whom this Law applies.
- A letter to the Commission from a person in custody, confined in a hospital or in an institution under the control of a governmental body shall not be opened by any person other than a member of the Commission or a person authorized by the Commission, and the person in charge of the place where the correspondent is in custody or is confined shall make all facilities available that may be necessary to have the letter properly forwarded.Penalty: K1,000.00 or imprisonment for 12 months.
- The Commission shall investigate, or shall cause to be investigated, any complaint received by it unless, in its deliberate judgement, it decides not to do so because—(a)the complaint is trivial, frivolous, vexatious or not made in good faith; or(b)the complaint has been too long delayed to justify an investigation; or(c)the subject matter of the complaint is outside the jurisdiction of the Commission; or(d)its resources are insufficient for adequate investigation, and may defer or discontinue an investigation for any of the same reasons.
- No decision by the Commission to decline to investigate or to defer or discontinue, an investigation into the subject of a complaint affects the Commission's power to inquire generally into a matter on its own initiative.
19.Appointment of investigating authorities
- The Ombudsman Commission may, where it is itself unable for any reason to conduct an examination or investigation referred to in Section 17, appoint one or more constitutional office-holders to carry out the examination or conduct the investigation and to report to it on the results of the examination or investigation.
- An examining or investigating authority appointed under Subsection (1) has, for the purposes of carrying out any examination or investigation in respect of which it is appointed, all the powers of the Commission necessary to enable it to carry out the examination or conduct the investigation including in the case of an investigation the powers referred to in Sections 20, 21, and 22.
20.Proceedings of the Commission
- Every investigation by the Commission or other authority under this Law shall be conducted in private.
- The Commission or other authority may hear or obtain information from any person who the Commission considers can assist and may make whatever inquiries it thinks fit and shall, before taking action under Subsection (4) notify the person whose conduct is being investigated.
- Nothing in this Law compels the Commission or other authority to hold any (4)hearing and no person, other than the personal whose conduct is being investigated is entitled as of right to be heard by the Commission.
- If, after an investigation, the Commission is of the opinion that there is evidence of misconduct in office by a person to whom this Law applies, it shall refer the matter to the Public Prosecutor for prosecution by him before the appropriate tribunal.