Article 93 of the Constitution and Article 10 of the Ombudsman Act stipulate that Parliament appoints the Ombudsman for a term of eight years with the possibility of re-appointment. The Act is silent on the number of times the Ombudsman can be reappointed, leaving open the possibility of unlimited tenure. The ORC indicated that no Ombudsman has served more than one term and that the Ombudsman’s re-election is not automatic.

To promote institutional independence, the SCA recommends limiting the term of office to one (1) re-appointment. The SCA reiterates its previous recommendations for the ORC to advocate for the relevant amendments to provide for such limits on the term of office.

The SCA refers to Paris Principle B.3 and to its General Observation 2.2 on ‘Full-time members of an NHRI’.