In accordance with Section 10(1) of the Law, the Ombudsman may be dismissed if he or she has allowed “a shameful act” that is incompatible with his or her status. The SCA continues to be of the view that this ground for dismissal is insufficiently defined and may be open to misuse.

The SCA also continues to be of the view that the process of dismissal does not provide sufficient procedural safeguards to ensure that dismissal of the Ombudsman will not be undertaken for political reasons.

The SCA is of the view that grounds for dismissal must be clearly defined and appropriately confined to those actions that impact adversely on the capacity of the member to fulfil its mandate. Where appropriate, the legislation should specify that the application of a particular ground must be supported by a decision of an independent body with appropriate jurisdiction.

The dismissal must be made in strict conformity with all the substantive and procedural requirements as prescribed by law. The SCA is of the view that such requirements ensure the security of tenure of members of the governing body and are essential to ensure the independence of, and public confidence in, the senior leadership of an NHRI.

The SCA reiterates its 2020 recommendation for the Ombudsman to advocate for appropriate amendments to its Law to ensure a dismissal process with clearly defined and objective grounds.

The SCA refers to Paris Principle B.3 and to its General Observations 2.1 on ‘Guarantee of tenure for members of the NHRI decision-making body’.