22 or 23, including evidence of the identity or nature of the document to which the certificate
relates, may be given by affidavit or otherwise and such evidence is admissible without production
of the certificate or of the document to which it relates.
Powers of Ombudsman in relation to witnesses, etc.
42. For the purposes of performing his functions under this Act, the Ombudsman shall have the
same powers as a Magistrate in respect of the attendance and examination of witnesses.
Applet against Ombudsman´s decision
CAP. 82
43. Any party dissatisfied with a decision of the Ombudsman under this Act may appeal to the
Supreme Court, and in every such case the provisions of Part VIII of the Supreme Court of
Judicature Act and the rules made thereunder shall mutatis mutandis apply.
PART VI
MISCELLANEOUS
Protection against actions for defamation or breach of confidence
44.-(1) Where access has been given to a document and
(a) the access was required by this Act to be given; or
(b) the access was authorized by a Minister, or by an officer having authority, in accordance with
section 20 or 36, to make decisions in respect of requests, in the bona fide belief that the access was
required by this Act to be given,
no action for defamation or breach of confidence lies by reason of the authorizing or giving of the access,
against the Government or a prescribed authority or against the Minister or officer who authorised the
access or any person who gave the access.
(2) The giving of access to a document (including an exempt document) in consequence of a request shall
not be taken, for the purposes of the law relating to defamation or breach of confidence, to constitute an
authorization or approval of the publication of the document or of its contents by the person to whom the
access was given.
Protection in respect of offences
45. Where access has been given to a document and(a) the access was required by this Act to be given; or
(b) the access was authorised by a Minister or by an officer
having authority, in accordance with
section 20 or 36, to make decisions in respect of requests, in the bona fide belief that the access was
required by this Act to be given,
neither the person authorising the access nor any person concerned in the giving of the access is guilty of
a criminal offence by reason only of the authorising or giving of the access.
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