What results from a complaint?
The consequences of a complaint depend on what emerges from the Ombudsman's investigations.
The Ombudsman may
- bring a prosecution if serious illegality is involved
- issue a reprimand if what is involved is an illegal procedure or neglect of duty, but there is no need to bring a prosecution
- inform the authority of her opinion of what would be the legal course of action
- draw the attention of the authority to the requirements of good governance or aspects that promote the implementation of fundamental and human rights
- make a proposal that the authority rectify an error or redress a shortcoming
draw the attention of the Government to flaws that she has observed in legislative provisions or regulations and make proposals as to how shortcomings should be redressed.
In contrast, the Ombudsman can not
- change or overturn decisions made by authorities or courts
- intervene concerning the way in which an authority has exercised the power of discretion entrusted to it by law, provided this power has not been exceeded nor abused
- order payment of compensation
- provide legal advice.
The documents appended to the complaint are returned to the complainant at the same time.