According to Article 90(1) of the Constitution, the President appoints the Ombudsman on the recommendation of the Judicial Service Commission. The SCA notes the Ombudsman’s statement that, in practice, vacancies are publicly advertised and interviews are now conducted publicly. However, the SCA further notes that these safeguards are yet to be made explicit in the legal framework. 

The SCA reiterates that it is important to ensure the formalization in law of a clear, transparent and participatory selection and appointment process. This should include requirements to publicize vacancies broadly, maximize the number of potential candidates from a wide range of societal groups, promote broad consultation and participation, including with civil society, and ensure adequate gender representation. The SCA therefore encourages the Ombudsman to continue to advocate for amendments to formalize such a process for the appointment of the Ombudsman and Deputy Ombudsman. 

The SCA refers to Paris Principle B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.