news > AOMA STATEMENT IN SUPPORT OF PUBLIC PROTECTOR

AOMA STATEMENT IN SUPPORT OF PUBLIC PROTECTOR

2022/06/09 09:32:32 AM

08 JUNE 2022 - STATEMENT OF AOMA IN SUPPORT OF ADV. BUSISIWE MKHWEBANE, PUBLIC PROTECTOR OF SOUTH AFRICA

The African Ombudsman and Mediators Association (AOMA) is a membership-based network of Public Protector-like institutions with a mission to advance the development of the Ombudsman institution for the furtherance of good governance, the rule of law, and human rights in Africa. AOMA envisions Ombudsman Institutions as instruments of good governance and peace for the people of Africa.

Pursuant to this mandate and vision, AOMA is alarmed and deeply concerned by reports of the possible suspension of the Public Protector of South Africa, Adv. Busisiwe Mkhwebane. We have followed with concern the developments regarding the impeachment process, noting that these developments are a direct consequence of investigative work done in professional capacity by the Office of the Public Protector which should enjoy functional immunity from threats, reprisals or difficult working conditions as a minimum guarantee for institutional independence.

We reiterate the independence of public protector-like institutions as stipulated in the OR Tambo Minimum Standards for Effective Ombudsman Institutions and Cooperation, adopted in Kempton Park, South Africa at the first African Ombudsman Summit in 2014. We urge all parties concerned in these proceedings to be guided by the guarantee of institutional independence of the Office of the Public Protector of South Africa and the consideration that these proceedings may have the effect of compromising the ability of the Public Protector Office to exercise powers and functions without fear.

While accepting that Ombudsman institutions are not above scrutiny and should be held to account, we call upon all organs of the government of South Africa to act in accordance with the State's international obligations by applying their powers to safeguard the independence of the Public Protector Office and protect the office's incumbent from intimidation, threats and reprisals. Article 15 of the African Charter on Democracy, Elections and Governance which provides for the establishment, support for and effectiveness of Ombudsman and similar institutions that support democracy, the rule of law, good governance and constitutionalism is instructive for the Republic of South Africa, a member state of the African Union.

We stand in solidarity with the Public Protector of South Africa. A strong, effective and independent Public Protector Office, in compliance with the OR Tambo Minimum Standards and the African Charter on Democracy, Elections and Governance, is crucial for the promotion and protection of human rights, the rule of law and good governance in South Africa and in Africa.

AOMA STATEMENT IN SUPPORT OF PUBLIC PROTECTOR,SA 8 JUNE 2022

Signed on behalf of AOMA on the 8th Day of June 2022 in Nairobi, Kenya
HON. FLORENCE KAJUJU, MBS
SECRETARY GENERAL OF AOMA