Solomon Islands 1978 Constitution (reviewed 2018)

CHAPTER IX. THE OMBUDSMAN

96. Office of Ombudsman

1. There shall be an Ombudsman, whose office shall be a public office.
2. The Ombudsman shall be appointed by the Governor-General, acting in accordance with the advice of a committee consisting of the Speaker, the Chairman of the Public Service Commission and the Chairman of the Judicial and Legal Service Commission.
3. If the person appointed as Ombudsman is a member of Parliament or a provincial assembly, he shall forthwith cease to be such a member.
4. The Ombudsman shall not perform the functions of any other public or provincial government office, and shall not, without the approval of the Governor-General in each particular case, hold any other office of emolument than the office of the Ombudsman or engage in any occupation for reward outside the duties of his office.
5. Subject to the provisions of the next following subsection, the Ombudsman shall vacate his office at the expiration of five years from the date of his appointment.
6. The Ombudsman may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the procedure for the removal of a judge of the High Court as set out in subsection (4) to (7) of Section 80 of this Constitution.

97. Functions of Ombudsman

1. The functions of the Ombudsman shall be to:—
   1. enquire into the conduct of any person to whom this section applies in the exercise of his office or authority, or abuse thereof;
   2. assist in the improvement of the practices and procedures of public bodies; and
   3. ensure the elimination of arbitrary and unfair decisions.
2. Parliament may confer additional functions on the Ombudsman.
3. This section applies to members of the public service, the Police Force, the Correctional Service, the government of Honiara City, provincial governments, and such other offices, commissions, corporate bodies or public agencies as may be prescribed by Parliament:Provided that it shall not apply to the Governor-General or his personal staff or to the Director of Public Prosecutions or any person acting in accordance with his instructions.
4. Nothing in this section or in any Act of Parliament enacted for the purposes of this Chapter shall confer on the Ombudsman any power to question or review any decision of any judge, magistrate or registrar in the exercise of his judicial functions.

98. Discharge of functions of Ombudsman

1. In the discharge of his functions the Ombudsman shall not be subject to the direction or control of any other person or authority and no proceedings of the Ombudsman shall be called in question in any Ombudsman court of law.
2. The Ombudsman shall not conduct an investigation in respect of any matter if he has been given notice by the Prime Minister that the investigation of that matter would not be in the interests of the security of Solomon Islands.
3. The Ombudsman shall make an annual report and may make such additional reports to Parliament as he deems appropriate concerning the discharge of his functions, and may draw attention to any defects which appear to him to exist in the administration or any law.

99. Further provisions

Parliament may take provision for such supplementary and ancillary matters as may appear necessary or expedient to give effect to the provisions of this Chapter.