A Review of the Powers and Jurisdictional Remit of the Ombudsman Institution in Botswana

Abstract

Impartiality and independence are two key essential characteristics of the Ombudsman offices worldwide. The whole idea of jurisdictional remit is to ensure that that the Ombudsman institution is guided so that it does not stray into areas not anticipated and thus obviate unwarranted negative consequences. However, inappropriate ouster of jurisdiction may be dysfunctional for a modern institution designed to strengthen and consolidate the institutional foundations for good governance and check-mate injustice arising from maladministration. On the basis of secondary data sources, this article examines the powers and areas of ouster of jurisdiction of the Ombudsman institution in Botswana. This paper posits that jurisdictional remit potentially go beyond guiding the Botswana Ombudsman from straying into areas not anticipated to rendering even the statutory powers meaningless. This paper recommends that Botswana needs to take steps to revisit the powers and spheres of ouster of jurisdiction of the Ombudsman and make necessary statutory alignments to create a solid foundation that will ensure increased public confidence and operational effectiveness.

DOI: 10.5901/mjss.2013.v4n13p11