(1) The ombudsman may apply to a magistrate for a warrant for the arrest of a
person (
"arrest warrant" ) if—
(a) the person has not complied with an investigation
requirement given to the person under section 29(1) to attend before the
ombudsman; and
(b) the ombudsman has not given the person advice under
section 30(2) to the effect that an excuse given by the person for not
attending is, in the ombudsman’s opinion, a reasonable excuse; and
(c) the
person has also not complied with a subpoena issued because of the failure to
comply with the investigation requirement.
(2) The application must be sworn
and state the grounds on which the warrant is sought.
(3) The magistrate may
refuse to consider the application until the ombudsman gives the magistrate
all the information the magistrate requires about the application in the way
the magistrate requires.
Example—
The magistrate may require additional
information supporting the application to be given by statutory declaration.
