Obudsman Commission About to be toothlessNovember 17 2008 at 8:56 AM
The National. .......17/11/08
Radical changes afoot for
A SET of amendments will go before Parliament at its next sitting that will drastically reduce the powers of the Ombudsman Commission, protect leaders interests in business and reverse the burden of proof.
Amendments to the Organic Law on Duties and Responsibilities of Leadership, proposed by Esaala MP Moses Maladina, seek to:
* Introduce a distinction between trivial and serious breaches of the Leadership Code and for those deemed to have committed trivial breaches to be prevented from being dismissed from office by any tribunal;
* Prevent another legal authority from inquiring into the same matter if it had been dealt with by a leadership tribunal, or vice versa to ensure leaders are not punished twice for the same act;
* Allow leaders or their children and spouses to hold shares in companies provided they obtained permission from the Ombudsman Commission;
* Place the standard of proof required in all tribunal proceedings on the prosecution and in all tribunal proceedings the proof must be beyond reasonable doubt; and
* Make it an offence for leaders who refused to comply with the proceedings of parliamentary committees.
The proposed laws would now make it possible to appoint former judges to head leadership tribunals so that sitting judges could continue in their jobs.
Noteworthy among the changes proposed was that of section 20 which would now require no disclosure of information to the public media of any investigation.
It is uncertain whether this section refers to a decision by the Ombudsman Commission to refer a file to the Public Prosecutor which traditionally has been done publicly. Prior to a referral, all Ombudsman Commission investigations are secret.
Section 27 would be amended to distinguish between serious and trivial breaches of the Leadership Code and prescribed a penalty of a directive to the guilty leader. Previously, no such distinction existed and the tribunal had total discretion over what penalty to mete out.
Changes in this section also prescribed the onus of proof beyond reasonable doubt on the prosecution. Further changes proposed would see the establishment of a Permanent Parliamentary Committee on the Ombudsman Commission to monitor its investigations. This change may now remove, or dilute, the independence of the constitutional office of the Ombudsman Commission as the Chief Ombudsman or his officers would be compelled by law to answer a summons by the Committee on Ombudsman Commission to appear before it and to disclose its investigations if so requested. Refusal is an offence under the proposed changes.
Re: Obudsman Commission About to be toothless
|November 17 2008, 9:05 AM |
See............Somares at it again. When the Prime Minister sees that he will not succeed with his court battles...he's again telling his boys to make amendments to organic laws so that he can not be prosecuted...........common our elected MPs..do you see things unfolding to suit the interest of a particular group or eye-pass.....everyone on the street knows whats happening...........na mark my words 'If something turns nasty on the streets.........it will blow out,
I myself do not care if we may miss out on multi billions kinas,........am pro-civil unrest.....
Arthur say opposition is too small to recon with
|November 17 2008, 2:44 PM |
And he is right, Public must now take the streets thats the only answer.
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