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 Periodical article |
 Leiden University catalogue |
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| Title: | Ombudsman jurisdiction under the interim Constitution of South Africa |
| Author: | Mireku, Obeng |
| Year: | 1993 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development (ISSN 0255-6472) |
| Volume: | 8 |
| Issue: | 2 |
| Pages: | 1-18 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Lesotho South Africa Southern Africa |
| Subjects: | constitutions 1993 ombudsman law public administration |
| Abstract: | On April 27, 1994, when the Republic of South Africa Constitution Act 200 of 1993 became operative, the country had four ombudsman offices. Section 243 of the interim Constitution provides for the continued operation of these ombudsman offices until the appointment of ten new national and provincial ombudsmen. The ombudsman institution in South Africa has now acquired a new official title, Public Protector. This paper examines issues pertaining to the competence of the office at both the national and the provincial level. After a short overview of the personal attributes and qualifications of the Public Protector, the article deals with his jurisdiction, notably with the issue of maladministration, whose interpretation is crucial in defining the jurisdiction of an ombudsman, matters appropriate for investigation by the ombudsman, the problem of standing, the powers and functions of provincial ombudsmen, and other powers of the Public Protector. Next, the article deals with the limits to the jurisdiction of the Public Protector, in particular with the issue of whether the courts are subject to ombudsman control. Notes, ref. |