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. |