Jurisdiction

(1) Subject to the provisions of this Act, where the Ombudsman has reasonable cause to believe that, (a) an authority or an officer or member of an authority has been guilty of corruption or other wrongdoing; or (b) any person or body of persons has or may have sustained injustice, injury or abuse as a result of any action taken by an authority or an officer or a member of such authority, arising out of or connected with the exercise of the administrative functions of that authority (whether before or after the commencement of this Act), the Ombudsman may investigate the action so taken, Provided that the Ombudsman shall not investigate any matter or action which arose or was taken more than 10 years before the commencement of this Act. (2) The expression “abuse” as used in sub-section(1) above shall include any act of discourtesy or refusal to act and any act 12 motivated by discrimination based on religion, language, race, sex, colour or creed. (3) Subject to the provisions of sub-section(4) of this section, the Ombudsman shall not investigate– (a) any such action aforesaid in respect of which the complainant has already sought a remedy by way of proceedings in any court or in any tribunal constituted by or under any law; or Schedule III. (b) any such action or matters as are described in Schedule III; or (c) the exercise of the powers conferred on the Governor- General by section 52 of the Constitution, (which relates to the prerogative of mercy). (4) The Ombudsman– (a) may (to the extent that such investigation is not in conflict with paragraph 4 of the Third Schedule) conduct an investigation into any reports made to the Governor- General or the Public Services Commission, as the case may be, in respect of the appointment, removal, promotion, disciplinary control or other personnel matters in relation to any person; and (b) shall not be precluded from conducting an investigation in respect of any matter by reason only that it is open to the complainant to apply to the Supreme Court for redress under section 20 of the Constitution, (which relates to re-dress for contravention of provisions for the protection of fundamental rights and freedoms).