Article 89 of the Namibian Constitution guarantees the independent functioning of the Ombudsman. However, in practice, administrative arrangements, including budgetary, human resources and procurement matters, continue to be managed through the Ministry responsible for Justice, and the Office is presented as a directorate in the Ministry’s strategic plan. 

The Ombudsman informed the SCA that, as officeholder, the Ombudsman is not under any Minister and that there is no interference in investigations, reporting, or priority-setting, but that the current arrangement is a consequence of the Constitution having established the Ombudsman as an individual rather than as an office with its own administrative machinery. 

The SCA emphasizes that the Paris Principles require an NHRI to be independent from government in its structure, composition, decision-making and method of operation. The SCA therefore recommends that the Ombudsman continue to advocate for amendments that strengthen and establish the Office of the Ombudsman as a distinct and operationally autonomous institution, including through legal provision for the appointment of a Deputy Ombudsman. 

The SCA refers to Paris Principle A.2 and to its General Observations 1.1 on ‘The establishment of NHRIs’ and 2.7 on ‘Administrative regulation of NHRIs’.