The National – Tuesday, December 7, 2010
MINERAL policy and geohazards management secretary Nellie James, has been referred to the public prosecutor for alleged misconduct in office.
The Ombudsman Commission made the referral yesterday following its investigations into the alleged misconduct arising from her failure to submit annual statements to the OC when they were due.
But said the public prosecutor had the discretion to bring or decline to bring proceedings under the Leadership Code for alleged misconduct in office, in accordance with section 177(1)(b) of the constitution.
In a media statement yesterday, the Ombudsman said James was issued her rights to be heard in a notice issued last December. She had responded the next month.
“The OC deliberated on the matter and is satisfied, for the purposes of section 29(1) of the constitution and section 17(d), 20(4) and 27(1) of the Organic Law on Duties and Responsibilities of Leadership (Organic Law), that there is a prima facie (sufficient evidence before the OC) case that James has been guilty of misconduct in office,” the OC statement read.
It also stated that the Commission last Thursday informed James, in accordance with section 20(2) of the Organic Law on the Duties and Responsibilities of Leadership, that she would be referred to the public prosecutor.