Article 20 of the Act provides functional immunity to the Ombudsman and Article 22 extends this protection to the Deputy Ombudspersons. The Ombudsman reports that, in practice, official communications issued by the institution are signed by the Ombudsman or the Deputy Ombudspersons, so that staff members are not directly exposed. The Act, however, does not expressly extend such protection to the staff of the institution. 

The SCA is of the view that, in order for an NHRI to operate independently and effectively, its members and staff should be provided with functional immunity for actions taken and decisions made in good faith in their official capacity. The SCA recommends that the Ombudsman advocate for amendments to its enabling legislation to expressly extend such protection to the staff of the institution. 

The SCA refers to Paris Principle B.3 and to its General Observation 2.3 on ‘Protection from criminal and civil liability for official actions and decisions undertaken in good faith’.