Section 97: Investigations by Ombudsman

97. Investigations by Ombudsman (1) Subject to this section, the Ombudsman may investigate any action taken by any officer or authority to which this section applies in the exercise of administrative functions of that officer or authority, in any case in which a member of the public claims, or appears to the Ombudsman, to have sustained injustice in consequence of maladministration in connection with the action so taken and in which— (a) a complaint under this section is made; (b) he is invited to do so by any Minister or other member of the Assembly; or (c) he considers it desirable to do so of his own motion. (2) This section applies to the following officers and authorities— (a) any department of the Government; (b) the Police Force or any member thereof; (c) the Mauritius Prisons Service or any other service maintained and controlled by the Government or any officer or authority of any such service: (d) any authority empowered to determine the person with whom any contract or class of contracts is to be entered into by or on behalf of the Government or any such officer or authority; (e) the Rodrigues Regional Assembly or any officer of the said Assembly; (f) any local authority or any officer of such local authority; (g) such other officers or authorities as may be prescribed by Parliament; Provided that it shall not apply in relation to any of the following officers and authorities— (i) the President or his personal staff; CON – 71 [Issue 1] The Constitution (ii) the Chief Justice; (iii) any Commission established by this Constitution or its staff; (iv) the Director of Public Prosecutions or any person acting in accordance with his instructions; (v) any person exercising powers delegated to him by the Public Service Commission or the Disciplined Forces Service Commission, being powers the exercise of which is subject to review or confirmation by the Commission by which they were delegated. (3) A complaint under this section may be made by an individual, or by any body of persons whether incorporated or not, not being— (a) an authority of the Government or a local authority or other authority or body constituted for purposes of the public service or local government; or (b) any other authority or body whose members are appointed by the President or by a Minister or whose revenues consist wholly or mainly of money provided from public funds. (4) Where any person by whom a complaint might have been made under subsection (3) has died or is for any reason unable to act for himself, the complaint may be made by his personal representative or by a member of his family or other individual suitable to represent him; but except as specified in this subsection, a complaint shall not be entertained unless made by the person aggrieved himself. (5) The Ombudsman shall not conduct an investigation in respect of any complaint under this section unless the person aggrieved is resident in Mauritius (or, if he is dead, was so resident at the time of his death) or the complaint relates to action taken in relation to him while he was present in Mauritius or in relation to rights or obligations that accrued or arose in Mauritius. (6) The Ombudsman shall not conduct an investigation under this section in respect of any complaint under this section in so far as it relates to— (a) any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any law in force in Mauritiu or the complaint relates to action taken in relation to him while he was present in Mauritius or in relation to rights or obligations that accrued or arose in Mauritius. (6) The Ombudsman shall not conduct an investigation under this section in respect of any complaint under this section in so far as it relates to— (a) any action in respect of which the person aggrieved has or had a right of appeal, reference or review to or before a tribunal constituted by or under any law in force in Mauritius; or (b) any action in respect of which the person aggrieved has or had a remedy by way of proceedings in any Court of law: Provided that— (i) the Ombudsman may conduct such an investigation notwithstanding that the person aggrieved has or had such a right or remedy if satisfied that in the particular circumstances it is not reasonable to expect him to avail himself or to have availed himself of that right or remedy; and (ii) nothing in this subsection shall preclude the Ombudsman from conducting any investigation as to whether any of the provisions of Chapter II has been contravened. [Issue 1] CON – 72 Revised Laws of Mauritius (7) The Ombudsman shall not conduct an investigation in respect of any complaint made under this section in respect of any action if he is given notice in writing by the Prime Minister that the action was taken by a Minister in person in the exercise of his own deliberate judgment. (8) The Ombudsman shall not conduct an investigation in respect of any complaint made under this section where it appears to him— (a) that the complaint is merely frivolous or vexatious; (b) that the subject matter of the complaint is trivial; (c) that the person aggrieved has no sufficient interest in the subject matter of the complaint; or (d) that the making of the complaint has, without reasonable cause, been delayed for more than 12 months. (9) The Ombudsman shall not conduct an investigation under this section in respect of any matter where he is given notice by the Prime Minister that the investigation of that matter would not be in the interests of the security of Mauritius. (10) In this section, “action” includes failure to act. [S. 97 amended by Act 2 of 1982; Act 48 of 1991; Act 5 of 1997; s. 2 of Act 19 of 2003 w.e.f. 24 April 2006.]