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Military Ombud Act, 2012 (Act No. 4 of 2012)

5. Appointment of Military Ombud and Deputy Military Ombud

 

(1) The President must appoint a Military Ombud.

 

(2) The Ombud must—
(a) possess adequate knowledge of the Constitution and must have  legal knowledge; and
(b) have knowledge of or experience in military and public administration that was gained over a period of 10 years.

 

(3) The President must, in consultation with the Ombud, appoint a Deputy Military Ombud who—
(a) possesses adequate knowledge of the Constitution; and
(b) has knowledge of or experience in military and public administration that was gained over a period of eight years.

 

(4) The Ombud holds office for a non-renewable period of seven years.

 

(5) The remuneration and other terms and conditions of service of the Ombud and Deputy Ombud must be determined by the President with the concurrence of the Minister of Finance: Provided that—
(a) the salary of the Ombud must not be less than the salary of a judge of a High Court, as determined by the President under section 2(1) of the Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001); and
(b) such remuneration may not be reduced and  such terms and conditions may not be adversely altered during the term of office of the Ombud and Deputy Ombud.

 

(6) The Ombud and Deputy Ombud may at any time resign by submitting a written notice to the President at least two months prior to the intended date of vacation of office.

 

(7) The President may remove the Ombud and Deputy Ombud from office on the grounds of misconduct, incapacity or incompetence,  after affording the person concerned a reasonable opportunity to be heard, and subject to applicable legislation.