*
}
(2) The Ombudsman may investigate any such action as aforesaid in any of the following circumstances, that is to say-
(a) if a complaint in respect of the action is duly made to the Ombudsman by any person or body of persons, whether incor- porated or not, alleging that the complainant has sustained injustice in consequence of a fault in administration;
(b) if a Minister or a member of the National Assembly requests the Ombudsman to investigate the action on the ground that a person or body of persons specified in the request has or may have sustained such injustice;
(c) in any other circumstances in which the Ombudsman considers that he ought to investigate the action on the ground that some person or body of persons has or may have sustained such injustice. (3) The Ombudsman shall not investigate under this Part- (a) any action in respect of which the complainant has or had-
(i) a remedy by way of proceedings in a court; or
(ii) a right of appeal, reference or review to or before an independent and impartial tribunal other than a court; or (b) any such action, or action taken with respect to any such matter,
as is described in the First Schedule to this Constitution:
Provided that the Ombudsman--
(i) may conduct an investigation notwithstanding that the complainant has or had a remedy by way of proceedings in a court if satisfied that in the particular circumstances it is not reasonable to expect him to take or to have taken such proceedings;
(ii) shall not in any case be precluded from conducting an investiga- tion in respect of any matter by reason only that it is open to the complainant to apply to the High Court for redress under article 19(1) of this Constitution (which relates to redress for contraven- tions of provisions for the protection of fundamental rights and freedoms).
(4) In determining whether to initiate, continue or discontinue an investigation under this Part, the Ombudsman shall, subject to the foregoing provisions of this article, act in accordance with his individual judgment and in particular, and without prejudice to the generality of the foregoing, the Sabous. may refuse to initiate, or may dis- continue, any investigation if it appears to him that-
(a) the complaint relates to action of which the complainant has had knowledge for more than twelve months before the complaint was received by the Ombudsman;
(b) the subject matter of the complaint is trivial;
(c) the complaint is frivolous or vexatious or is not made in good
faith; or
(d) the complainant has not a sufficient interest in the subject matter
of the complaint.
(5) The authorities other than departments of Government to which this article applies are-
(a) any authority empowered to determine the person with whom
any contract or class of contracts shall be entered into by or on behalf of the Government of Guyana; and
(b) such other authorities as may be prescribed by Parliament.
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