The Ombudsman (Part l)
Tenure of Office & Remuneration

By Stanford Conway
Editor-in-Chief, SKNVibes.com

This prestigious office is held by former Speaker of the National Assembly and former President of the St. Kitts-Nevis Labour Union Ambassador Walford Gumbs, who was appointed by the Governor-General, His Excellency Sir Cuthbert Sebastian with effect from August 1, 2008.

Since the announcement of this appointment by Prime Minister Douglas at his monthly press conference on Wednesday, October 29, a large number of persons had requested that SKNVibes provide them information on the functions and other pertinent details of the Ombudsman.

To this end, SKNVibes would like to thank the Attorney General’s Office for providing the necessary literature in fulfillment of the public’s request.

TENURE OF OFFICE

According to the Ombudsman Act of 2006, the office of the Ombudsman is established for the purpose of protecting and enforcing the rights of citizens of St. Kitts and Nevis, and he/she “shall be appointed by the Governor-General after consultation with the Prime Minister and the Leader of the Opposition”.

The Act states that the office of the Ombudsman shall have an official seal, and nothing done by the holder of the Office shall be invalid unless he/she has attained the age of 70; the age at which the Ombudsman is required to vacate office.

If the person appointed Ombudsman is unable to perform his/her functions because of illness, absence from the Federation or other sufficient cause, he/she may appoint a member of his/her staff to execute the duties for a period not exceeding two months. However, if the Ombudsman is unable or fails to appoint such a person or if it is necessary that  such a person be appointed in excess of two months, the Governor-General, after consultation with the Prime Minister and the Leader of the Opposition, may appoint an appropriate person to perform those functions. ~~Adz:Right~~

The Ombudsman may be removed from office only for inability to discharge his/her functions, “whether arising from infirmity of body or mind or any other cause, or for misconduct and shall not be removed except in accordance with the provisions of this section”.

The Act clearly states that where the National Assembly, by resolution, decides that the question of removing the Ombudsman from office ought to be investigated, then:

• the Governor-General, after consultation with the Prime Minister and Leader of the Opposition, shall appoint a tribunal which shall consist of a chairperson and not less than two other members, from among persons who hold or have held office as a judge; and

• that tribunal shall enquire into the matter and report on the facts to the Governor-General and advise the Governor-General whether the Ombudsman ought to be removed from office for inability or for misconduct.

Additionally, if the removal of the Ombudsman from office is referred to a tribunal and it advises the Governor-General that the Ombudsman ought to be removed, the “Governor-General shall, by instrument under his/her Seal, remove the Ombudsman from office”.

Also, if the removal is referred to a tribunal, the “Governor-General, after consultation with the Prime Minister and the Leader of the Opposition, may suspend the Ombudsman from performing the functions of his/her office, and any such suspension may at any time be revoked by the Governor-General and shall in any case cease to have effect if the tribunal advises the Governor-General that the Ombudsman ought not to be removed from office”.

In relation to disqualification for the office of the Ombudsman, the Act states that a person shall not be qualified for appointment if he/she is a member of the National Assembly, is an undischarged bankrupt, or has at any time been convicted of any offence involving dishonesty or moral turpitude.

Should vacancy arise in the office of the Ombudsman, the Governor-General, after consultation with the Prime Minister and the Leader of the Opposition, may designate someone to act until an appointment is made.

REMUNERATION

The Ombudsman shall receive such emoluments and be subject to such other terms and conditions of service as may, from time to time, be prescribed by or under any law or by a resolution of the National Assembly, such emoluments being not less than the emoluments which may, from time to time, be payable to a High Court Judge.

The emoluments and terms and conditions of service of the Ombudsman, other than allowances that are not taken into account in computing pensions, shall not be altered to his/her disadvantage during the period of hi/her appointment or reappointment, as the case may be.

Finally, the emoluments for the time being payable to the Ombudsman under the Ombudsman Act shall be charged on and paid out of the Consolidated Fund.

In Part ll, SKNVibes promises to provide information on the “Functions of the Ombudsman”.