City to get Ombudsman

With service delivery in the City being as poor as it is, many a resident will be delighted at the thought of soon having a Municipal Ombudsman.

The by-law establishing the office of the Ombudsman was passed by the Council on 13 June and was welcomed by Public Protecter Thuli Madonsela. In the same report Council approved the establishment of a committee that would be tasked with the recruitment of the Ombudsman for the City of Johannesburg.

The office of the Ombudsman quarterly will report to the Council on complaints with regard to maladministration.

The Ombudsman will be appointed by the Municipal Council on recommendation of the Executive Mayor, which casts a shadow of doubt over the integrity of the office.

According to the by-law the Ombudsman will have to be a retired judge or magistrate who has served at least 10 years in the post.

The office of the Ombudsman will not be allowed to investigate any legislative or executive decisions by the Council, legal proceedings that the Council might be party to, complaints that fall within the realm of labour law, internal or external audits of the Council’s financial affairs or any alleged irregular affairs of a Councillor.

Considering this in conjunction with the fact that the Mayor will recommend the Ombudsman, it seams that the office will be on a short leash.

Complainants’ identities will be protected and accused departments or individuals will have to state within 14 days whether they will take corrective action or not and why.

It is envisaged that the Committee will convene after the recess period (15 July) to draw up the necessary terms of reference per the approved by-law and thereafter proceed with the recruitment process, which will include advertising publicly during and after July 2013.