“Article 89 of the Namibian Constitution guarantees the independent functioning of the Ombudsman.

However, in practice, the Ombudsman is administered as a directorate of the Ministry of Justice for budgetary and administrative matters and presented as a directorate in the strategic plan of the Ministry of Justice, which creates a perception of lack of independence that may affect public confidence and trust in the institution.

The Ombudsman stated that there is no interference in the operation of the Ombudsman’s work as its independence is guaranteed in the constitution, but that it experiences delays in receiving funds and in staff recruitment.

The SCA emphasises that the Paris Principles require an NHRI to be independent from government in its structure, composition, decision-making and method of operation. It must be constituted and empowered to consider and determine its own strategic priorities and activities.

To ensure respect for the principle of independence in the discharge of an NHRI’s mandate in circumstances where certain aspects of the NHRI’s administration is regulated by the Government, the SCA cautions that such regulation must not compromise the NHRI’s ability to perform its role independently and effectively. The SCA affirms that the real and perceived independence of an NHRI and its ability to operate independent of government interference is fundamental to the Paris Principles.

The SCA recommends that the Ombudsman exercise full operational independence in the discharge of its mandate.

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