Section 3: Procedure

3. Procedure (1) Every complaint made to the Ombudsman shall be in writing. (2) Notwithstanding any other enactment, where a letter is written to the Ombudsman by a person who is in legal custody or who is an inmate of a mental health care centre or other similar institution, the person in charge of the place where the writer of the letter is detained or is an inmate shall immediately forward the letter, unopened, by registered post to the Ombudsman. O4 – 1 [Issue 5] Ombudsman Act (3) No complaint shall be entertained by the Ombudsman unless the complainant— (a) has, before making the complaint, made a written representation to the relevant department or authority and not received within 5 working days— (i) a written substantive reply; or (ii) a written reply in which the department or authority states the action it is initiating and the date by which a substantive reply shall be made, such date being not more than 45 days of the date of receipt of the written representation by the department or authority; (b) is dissatisfied with any reply given to him by the department or authority; (c) has sufficient interest in the subject matter of the complaint; (d) specifies the nature of the complaint, the reasons for his grievance and the redress being sought; and (e) encloses every document or other information which is relevant to the complaint. (4) Where a department or authority receives a written representation under subsection (3), it shall make a written reply or written substantive reply, as the case may be, within the time limit specified in that subsection. (5) (a) On receipt of a complaint under this section, the Ombudsman shall, within 5 working days of the date of receipt— (i) make a written reply to the complainant, stating the action the Ombudsman is taking; and (ii) where the department or authority has failed to comply with subsection (4), order the department or authority concerned to make, not later than 7 working days from the date of the order, a substantive reply to the complainant. (b) The department or authority shall— (i) comply with an order under paragraph (a) (ii); and (ii) at the same time, forward a copy of its reply to the Ombudsman. (6) In the discharge of his functions relating to an investigation, the Ombudsman may order a department or authority to submit comments and to provide such information and documents relating to the investigation, within such time as may be specified in the order, and the department or authority shall comply with the order. (7) Where a department or authority fails to comply with subsection (4) or an order under subsection (5) (a) (ii) or (6), the Ombudsman shall request the principal officer of that department or authority to take such action as he considers appropriate. [Issue 5] O4 – 2 Revised Laws of Mauritius (8) In the discharge of his functions relating to the report of his opinion and reasons pursuant to his investigation, the Ombudsman shall endeavour, within 45 days of the date of receipt of a copy of the written reply under subsection (5), to forward the report to the principal officer of the department or authority concerned. [S. 3 amended by s. 19 (a) of Act 27 of 2012 w.e.f. 22 December 2012.]