Consider vital evidence, says ombudsman

THE Ombudsman Commission is concerned with the manner in which the leadership tribunals have recently made decisions, says Chief Ombudsman Richard Pagen.
He said in a statement on Friday that the commission was especially concerned at the tribunal’s failure to consider important evidence, laws and the application of the criminal test on leadership matters which concerned integrity.
“While the commission respects the decisions, it however would like to raise certain concerns regarding the considerations that were used to come up with the decisions,” Pagen said.
“It may be possible that the tribunal overlooked some important constitutional provisions or failed to accept the facts on a prima facie standard of proof or has relied on a non-existing law or laws which have been struck down by the Supreme Court.
“The commission would like to make it known that a leadership tribunal is not a criminal court and does not necessarily need to apply strict rules of evidence where the test should be proof beyond reasonable doubt.
“Leadership tribunals are quasi-judicial in nature and the tribunals ought to conduct an inquiry on the conduct of the person referred and not apply the strict rule of evidence.”