Windhoek:Lawmakers have identified several concerns with the proposed Ombudsman Bill of 2026, focusing on financial autonomy, enforcement powers, and the resources necessary for the institution to fulfill its constitutional duties effectively.
According to Namibia Press Agency, Labour Relations and Justice Minister Fillemon Wise Immanuel introduced the Bill in the National Assembly, aiming to replace the Ombudsman Act of 1990. The Bill is designed to enhance the legislative framework supporting Chapter 10 of the Namibian Constitution and to strengthen the Ombudsman as a key constitutional entity. Immanuel noted that the current legislation, enacted shortly after independence, has not evolved to meet the demands of a mature constitutional democracy.
Minister Immanuel emphasized that since its inception, the Ombudsman has played a crucial role in promoting and protecting human rights and addressing various governance, socio-economic, and environmental challenges. The proposed Bill also aims to provide governance structures that acknowledge the Ombudsman's constitutional independence and bolster its capability to tackle systemic human rights issues, investigate maladministration, and promote good governance.
However, McHenry Venaani, leader of the Popular Democratic Movement, expressed reservations about the Bill's provision for financial independence. He argued that financial autonomy is essential for the Ombudsman to function effectively and questioned whether the current Bill adequately addresses this issue. Venaani also advocated for a more robust role for the Ombudsman in handling human rights issues affecting citizens, such as disconnections of household water supplies due to unpaid bills.
Swapo Party MP Peya Mushelenga focused on the enforcement powers, particularly concerning environmental mandates and the adequacy of resources. He supported the provisions allowing the Ombudsman to initiate private prosecutions but stressed the limited impact of investigations without subsequent actions. Mushelenga also raised concerns about the Bill's attention to environmental protection, using pollution and sewage affecting water sources as examples needing stronger intervention.
Mushelenga further questioned the adequacy of measures against individuals who refuse to appear before the Ombudsman when summoned. He emphasized that institutional autonomy should encompass not only legal powers but also sufficient financial resources. Section 13(1) of the proposed Bill specifies that the Ombudsman's funding will come from parliamentary appropriations, grants, and donations.