The Binding Nature of the Ombudsman’s Remedial Actions in Lesotho: Lessons from South Africa

Abstract

The Constitution of Lesotho is regarded as liberal, with the separation of powers of the executive, judiciary and legislature, but provision was made for institutions to oversee the exercise of such powers. One of these is the Office of the Ombudsman, which has wide-ranging powers to investigate malpractice in public administration and to make recommendations for remedial action. These powers notwithstanding, there is a paucity of judicial precedent and scholarship on the binding nature of the remedial action of the Ombudsman. The main question is whether the remedial action of the Ombudsman is binding, which this article seeks to investigate and determine whether South African jurisprudence could be helpful in the case of Lesotho. The binding nature of the Public Protector’s remedial action under the Constitution of South Africa has been a subject of considerable judicial and scholarly engagement in recent times. While the subject is still yet to be settled in South Africa, it nevertheless has developed principles that could assist in both the interpretation and reform of the Ombudsman’s powers in Lesotho.