Former OC lawyer questions appointment

 THE appointment of Howard Maliso as an acting Ombudsman is unconstitutional, former Ombudsman Commission lawyer Nemo Yalo says.

He said this is because Maliso did not have professional accountancy qualifications and experience, which was stipulated under the Organic Law on the Ombudsman Commission. 

“A gazettal notice dated July 11 states that the Governor General Sir Michael Ogio, acting with and in accordance with the advice of the Ombudsman Appointments Committee, appointed Maliso as acting Ombudsman with effect from July 4,” he said.

He said Section 4 of the Organic Law on Ombudsman Commission states:

• A person is not eligible for appointment as the Chief Ombudsman unless he is in the opinion of the committee, a person of integrity, independence of mind, resolution and high standing in the community 
• one Ombudsman shall have such professional accountancy qualifications and experience as in the opinion of the committee is appropriate; and, 
• The other Ombudsman shall have such administrative or legal qualifications and experiences as in the opinion of the committee is appropriate 

He said Section 11, which provided for the appointment of an acting Chief Ombudsman or an acting Ombudsman stated that, person suitable qualified may be appointed to be an acting Chief Ombudsman or acting Ombudsman:

• To fill temporarily a vacancy; or 
• In the case of the absence from duty for a reason of the Chief Ombudsman or an Ombudsman 

“If Maliso was appointed to the office left vacant by the death of late John Nero then it is an office Section 4(2) of the Organic Law has established specifically for a person with accounting qualifications and experience,” Yalo said.