“According to Article 90 (1) of the Constitution, the President, on the recommendation of the Judicial Service Commission, appoints the Ombudsman. Similarly, Section 2(2) of the Act provides for the appointment of the Deputy Ombudsman on the same basis.

The SCA reiterates its previous observation that the process currently enshrined in the enabling law is not sufficiently broad, transparent, and participatory. The process does not formalise the participation of civil society organisation including the ability to put forwards candidates. The SCA also notes that the restrictive educational or professional qualifications requirements limit the number of potential candidates. This provision has also resulted in the lack of gender representation in the leadership of the institution.

It is important to ensure the formalization of a clear, transparent and participatory selection and appointment process for an NHRI’s decision-making body in relevant legislation, regulations or binding administrative guidelines, as appropriate.

The SCA encourages the Ombudsman to advocate for the formalization in legislation, regulations or binding administrative guidelines a process which requires the following:

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’.”