Section 7: Investigation

7. Investigation (1) Where the Ombudsperson for Children considers, either upon complaint made to him or on his own motion, that it is necessary to investigate a matter relating to the rights of a child, the Ombudsperson for Children shall investigate the complaint in such manner as he considers appropriate. (2) For the purposes of an investigation under this Act, the Ombudsperson for Children may— (a) request any person, including any public officer, to provide information concerning a child whose rights have been, are being or are likely to be violated; O5 – 3 [Issue 1] (b) enter premises where— (i) a child is present, either temporarily or permanently, including an educational or health institution and a place of detention, in order to study the environment of such a place and asses its suitability; (ii) a child may be in employment; (iii) there is reasonable ground to believe that the moral and physical safety of a child may be in danger; (c) request the Commissioner of Police to enquire and report to the Ombudsperson for Children on any allegation relating to the breach of the rights of a child; (d) enter any licensed premises where the Ombudsperson for Children suspects that alcohol and tobacco may be handled, consumed or purchased by children; (e) record the statement of any person in connection with an investigation; (f) request the assistance of the Commissioner of Police and the officer-in-charge of any public body or institution, as the case may be, to facilitate any entry and effect, where appropriate, any seizure pursuant to paragraphs (b) and (d); (g) summon witnesses and examine them on oath; (h) call for the production of any document or other exhibit; and (i) obtain such information, file or other record, upon application to the Judge in Chambers whenever necessary under any law, as may be required for the investigation. (3) Following an investigation under subsection (1), the Ombudsperson for Children shall— (a) act as a mediator to resolve any dispute relating to the rights of the child; (b) make a report to such person or authority as the Ombudsperson for Children considers appropriate; (c) make proposals of a general nature to the Minister on any matter which may have arisen in the course of the investigation. (4) The Ombudsperson for Children shall not investigate any case which is pending before any Court but may refer any child involved in such a case to the Ministry for advice, assistance or counselling. [S. 7 amended by s. 3 of Act 8 of 2005.]