ESTABLISHMENT OF THE OMBUDSMAN OFFICE
The Office of the Ombudsman was established in terms of Sections 134 and 135 of the 1993 Constitution of Lesotho. The nature, duties and functions of the Ombudsman are described in more detail in the Ombudsman Act of 1996.

MISSION STATEMENT
“As an independent institution whose existence is enshrined in the Constitution of the Kingdom of Lesotho, the Ombudsman will protect citizens and the general public against infringement of their rights by public sector agencies”

OBJECTIVES
The following organization-wide objectives have been identified as being supportive to achievement of the goal and fulfilment of the mission as defined above.

• To provide efficient, effective, and accessible services to clients so that complaints and grievances against public sector agencies are resolved promptly and in an impartial manner:
• To review and recommend changes in public policies, bureaucratic practices, legislation, and by –laws in order to resolve existing and prevent future complaints against these;
• To develop, implement, and maintain a client driven public awareness programme on fundamental human rights and the rule of law in order to encourage public participation in promoting good governance and the protection of individual rights.
• To respond, on timely basis, to individual and/or general public complaints and grievances against public sector agencies by conducting independent investigations in order to promptly recommend remedial action for resolving them and to make follow ups on the resolution of every case;
• To respond, on a timely basis, to any practices, conditions and tendencies which have a negative impact on the environment or potential to cause degradation of the ecosystem in order to contribute to sustainable management of the environment in Lesotho;
  
  To manage the office of the Ombudsman in a competent and cost-effective manner so that its functions are effectively and efficiently performed, the goal and objectives achieved and the mission fulfilled.

MAIN FUNCTIONS
The main function of the Ombudsman’s office is to receive and investigate complaints from aggrieved persons against government agencies and statutory corporations and/or officials and employees of such organizations; and recommend remedial action where he finds a complaint justified.

Cause of complaints

• The following are the most common causes of complaints:
  
  Abuse of power
• Arrogance
• Bias
• Denial of service or failure to provide service
• Dishonesty
• Injustice
• Maladministration
• Prejudice
• Unfairness
• Unlawfulness
• Violation of human rights or contractual agreement

One could, therefore, say that the Office of the Ombudsman was created to protect the public against abuse of power by the agents of the state and to assist in promoting a culture of a transparent and efficient administration in all government agencies.

Receipt of complaints
When a complaint is received, it is circulated among the senior staff after which the Registry opens a docket for such a complaint, gives the complaint a number, and enters it into complaints register.

The Registry then writes a letter of acknowledgement to the complainant showing the case/complaint number and assuring the complainant that the matter is being attended to. This letter must be dispatched within three days of the receipt of the complaint.

The docket is then passed to the Computer Section where the complaint is electronically recorded.

Then the docket is taken to the Investigator for action.

Screening of complaints

Complaints come to this office by telephone, letter, or in person. The Investigator receiving complaints that are presented by telephone or in person must record them using a standard questionnaire. The Investigator must also ensure that all supporting documentation is submitted.

Based on the information received, the Investigator examines the complaint to determine whether it is:

• legitimate,
• within the jurisdiction of the Ombudsman, or
• whether available remedies have been exhausted.

If the complaint does not satisfy any of the above three conditions, the Investigator informs the complainant that his/her case cannot be sustained. The investigator must explain why the case cannot be sustained and advise the complainant of the appropriate channels to follow or the authority to which the complaint can be directed.

The Investigation
The Investigator writes a letter to the Ministry/Department/Agency concerned for comments and allows a waiting period of three weeks for a response. If no response is received by the end of three weeks, two reminders are made by a letter. If the Investigator so wishes, he/she may call or personally visit the person/authority concerned.

If all these efforts fail, a report is made to the Ombudsman who will: -

i. write a letter to the concerned person and summon him/her to the Office to respond to the allegations of the complainant; or

ii. summon the concerned person to a public hearing/enquiry;

after which an opinion can be made and an appropriate recommendation made known to the authority/agency concerned.

In conducting an investigation, additional information may be needed from the complainant and/or the authority in question. They are contacted to provide the necessary details and /or documentation. The Investigator may also, if necessary, require the complainant’s personal file from the Ministry/Agency concerned. Such a Ministry/Agency is bound by law to make it available to the Investigator.

There are cases where the Ministry/Agency insists that their decision is correct, thereby supporting their argument with evidence. The Investigator will study the arguments together with the evidence provided. If convinced that the Ministry’s/Agency’s action is justifiable, he/she communicates the conclusion to the complainant and informs the complainant that the case cannot be pursued further. This letter must bear the signature of the Ombudsman.

If the investigation reveals that an injustice has been done, the Investigator makes a report to the Ombudsman with a recommendation for remedial action to be taken. It should be noted that in carrying out an investigation, and making a recommendation, this Office does not only evaluate the applicable law, but more importantly, takes into account the issues of reasonableness and fairness pertaining to the facts and circumstances of each case.

Some cases can be resolved by the Investigator just calling the affected Ministry/Agency and disposing of them without any written correspondence. These cases must also be recorded in the complaints register and the computer.

The Ombudsman is not obliged to reveal the identity of a complainant/informant while carrying out some investigations. But sometimes this may not be possible, especially in cases of personal nature e.g. complaints about pensions, salaries etc. However, confidentiality is still of utmost importance in order for clients to have confidence in the Office.

In order to successfully fulfil the mission of the Office, the staff of the Ombudsman must at all times be as accessible to the public as possible.

CONCLUSION OF A CASE

The Ombudsman studies the facts of the case together with the recommendation from the Investigator for remedial action. If he is satisfied with the report and the recommendation, he writes to the authorities of the culprit Ministry/Agency and recommends remedial action.

If the Ombudsman’s recommendation is not implemented within a stipulated time, then the Ombudsman makes a Special Report to Parliament in accordance with Section 7(5) of the Ombudsman Act. Furthermore, the Ombudsman submits Annual Report to Parliament in accordance with Section 135(3) of the Constitution and Section 16 (1) of the Ombudsman Act.