Once appointed, the Ombudsman can only be removed for misconduct, the procedure for such removal being the same as that for High Court Judges. The period of appointment is four (4) years.

The office is an extra ministerial body; in that spirit, section 9(1) provides that in the discharge of his (her) functions, the Ombudsman shall not be under the control or direction of any other person on authority and that the Ombudsman ‘s proceedings shall not be questioned in any Court of Law.

The Ombudsman is mandated in terms of the Act to investigate complaints of injustice or maladministration in the Public Service, received from the public (including bodies corporate) and if such complaints are valid to make recommendations to the appropriate authority for compliance therewith. In the event of non-compliance the Ombudsman is obliged to make a Special Report to the National Assembly. The Ombudsman also has jurisdiction over human rights violations, as well as complaints from persons in both legal custody and those in hospitals.

The following matters are precluded from the Ombudsman’s jurisdiction.

matters certified by the President or a Minister to affect relations or dealings between the Government of Botswana and any other government or any international organization;

action taken for the purpose of protecting the security of the State or investigating crime, including action taken with respect to passports for either of those purposes;

the commencement or conduct of civil or criminal proceedings in any court;

action taken in respect of appointments to offices or other employment in the service of the Government of Botswana or appointments made by or with the approval of the President or any Minister, and action taken in relation to any person as the holder or former holder of such office, employment or appointment;

action taken with respect to orders or directions to the Botswana Police Force or members there of;

the grant of honours, awards or privileges within the gift of the President;

Action taken in matters of the relating to contractual or other commercial dealings with members of the public other than action by an authority mention in section 3 (6);

Action taken in any country outside Botswana by or on behalf of any officer representing the Government of Botswana or any officer of that Government.