Establishment of the Ombudsman institution
The creation of the Ombudsman institution dates back to 1968, year in which Mauritius became independent and adopted a new Constitution.
One whole chapter (IX) of the Constitution is devoted to the Ombudsman and it provides for the establishment of the institution, the manner in which the Ombudsman is appointed, the extent of his jurisdiction, his powers, the procedure to be followed when investigating and other cognate matters including the annual report to be made to the President of the Republic.
Appointment of the Ombudsman
The Ombudsman is appointed by the President after consultation with the Prime Minister, the leader of the Opposition and such other persons, if any, as appear to the President, acting in his own deliberate judgment, to be leaders of parties in Parliament.
The term of office of the Ombudsman is four years but he may be re-appointed.
The Ombudsman Act
The Ombudsman Act was passed in 1969 and it provides for, inter alia, the oath of office to be taken by the Ombudsman and the oath of secrecy to be taken by members of the staff, the manner in which a complaint is lodged, the privilege of communication, the creation of offences whenever any person attempts to influence the decision of the Ombudsman, and administrative expenses of the office which are charged on the Consolidated Fund with the approval of Parliament.
The oath taken by the Ombudsman and his staff binds them not to divulge any information received by them in the exercise of their duties.