Making a Complaint

Investigative process

How can I make a complaint?

Please follow the link below to the complaint form.

Complaint Form

What can I complain about?

You can complain about:

  • any administrative action, decision, recommendation made or act done or omitted, including failure to provide reasons for a decision; or
  • an administrative action that appears to be bad, unfair, arbitrary, discriminatory, unreasonable, oppressive, unjust, inefficient, improper, negligent, unreasonably delayed or based on a mistake of law or fact; or
  • an action that has resulted in a violation of a constitutional right; or an allegation of fraud or corruption in connection with the exercise by a public officer of a function of a public authority.

You must first try to work things out with the public authority. You should complain to the Ombudsman only after you have tried to resolve the matter through existing procedures with the public authority (unless it is unreasonable to expect you to do so).

How does the Ombudsman determine whether to investigate?

Upon receiving your complaint the Ombudsman must evaluate the complaint in relation to the mandate and powers of the Office to determine whether to formally investigate a complaint, mediate a dispute, refer the matter to a more appropriate authority or decline to investigate the complaint.

The Ombudsman may:

  • Refer you to a more appropriate complaints authority; or
  • Make preliminary enquiries which may resolve the complaint without need for a full investigation; or
  • Mediate the matter if this seems more appropriate; or
  • Conduct a full, confidential investigation, in which all relevant documentation will be reviewed and evidence taken under oath if necessary; and
  • Make recommendations in respect of the remedial action that may be taken.

What power does the Ombudsman have to gather evidence?

After notifying the respondent authority of the intention to investigate, the Ombudsman has the same powers as a judge of the Supreme Court in seeking information from any person, inspecting premises, summoning witnesses and examining them under oath (Paragraph 3 of Schedule 5).

What if the information the Ombudsman seeks is sensitive or confidential?

All information given to the Ombudsman is privileged. It is not a breach of any relevant obligation of secrecy to provide information to the Ombudsman. No person may refuse to give information or submit documents on grounds that it would be contrary to a law or in breach of a privilege, or obligation. (Paragraph 4(1))

Where the information might prejudice the security of the Republic or international relations between Seychelles and another state or an international organization; or where the information involves the disclosure of proceedings of cabinet, the President may issue a certificate that answering a question or disclosing information may be contrary to public interest.  (Paragraph 4(2)(a)(i) and (2))

The Attorney General can also issue a similar certificate to prevent disclosure only in a situation where disclosure of the information might prejudice the investigation or detection of crime. (Paragraph 4(2)(b))

The Ombudsman and staff must maintain secrecy and confidentiality at all times. They will not be liable for any action or omission done in good faith in the performance of the functions of the Office. Absolute privilege is attached to the publication of any matter where the Ombudsman and staff act within the authority of the Office. (Paragraph 7).

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