Constitution of Fiji: Chapter 11 - Part 2: Ombudsman

Part 2: Ombudsman

Part 2 of Chapter 11 establishes the office of Ombudsman. It comprises sections 157 through 164 of the constitution.

Section 157 stipulates that there must be at least one Ombudsman. Parliament is empowered to appoint more than one, and if so, one of them shall be designated the Chief Ombudsman, who shall be in charge of the staffing of the Ombudsman's office and of the allocation of work amongst the Ombudsmen.

Section 158 sets out the Ombudsman's functions. The Ombudsman must investigate administrative complaints brought by government departments or parliamentary committees. Complaints to the Ombudsman may also be made by any person whose interests are affected by an action of any government agency. Complaints to the Ombudsman must be made in person, not through another party, but the Ombudsman may waive this rule if satisfied the person concerned is unable to make the complaint in person.

The Ombudsman is not authorized to investigate actions taken by a Cabinet Minister, judge, or any person with respect to that person's appointment to, or dismissal from, public office, or that person's pension entitlement. The proceedings of the Ombudsman are not to be challenged in any court of law.

Sections 159 and 160 empower the Ombudsman to choose not to investigate a complaint brought to them, or to discontinue an investigation at any time. Moreover, the Ombudsman is not generally authorized to hear complaints that could be reviewed by a court or tribunal, except when they involve breaches of the Bill of Rights. Parliament is authorized to legislate to regulate the conduct of the Ombudsman's business.

Sections 161 and 162 deal with the outcome of the Ombudsman's investigations into complaints. If the Ombudsman finds an action to have been unconstitutional, illegal, unreasonable, unjust, oppressive, or improperly discriminatory, they make a report, with copies to the Prime Minister and the Minister of the relevant department, with specifics as to what wrong or wrongs were committed, and what steps will rectify the wrongs. After presenting the report to the Prime Minister and the Minister concerned, if no action is taken in a reasonable time, the Ombudsman may present a further report to the House of Representatives and the Senate.

Section 164 specifies the manner of the Ombudsman's appointment, and the limitations of the office. Following consultation with the Prime Minister, the Constitutional Offices Commission appoints the Ombudsman, who must not hold or derive income from any other public office (except the chairmanship of the Human Rights Commission. Nor may the Ombudsman, except with written permission from the Prime Minister, hold any other paid office or engage in any other paid occupation during their term as Ombudsman. This safeguards the independence of the office, and prevents conflict of interest.

Section 164 requires the Ombudsman to publish an annual report, and specifies the contents. In particular, investigations involving the police and the Fiji Prisons Service are to be documented.