CJ to rule on legal challenge over unapproved spending

Feb 04, 2015 News

Chief Justice Ian Chang is expected to make a ruling on whether he will grant a Conservatory Order, based on an application by Opposition Leader, David Granger, to prevent spending and/or any further spending by Finance Minister Ashni Singh, or other Ministers of Government of all monies unapproved by Parliament.
The application for a Conservatory Order was filed by the Opposition Leader, in the wake of statements of excess presented to the National Assembly by the Finance Minister.
Granger is seeking the Order to stay all Government’s spending until the court matter has been heard and determined.
The application presented before the Chief Justice, named Minister of Finance, Dr. Ashni Singh, the Attorney General Anil Nandlall and Speaker of the National Assembly, Raphael Trotman, as the defendants
Last year, some $36.75B was disapproved by the Opposition-controlled National Assembly.
The disapproved monies included some $1.3B from Office of the President (OP) under its Administrative Services programme; $3.8B also from Office of the President for capital estimates also under Administrative Services; $22B from Ministry of Finance; $1.1B from Ministry of Amerindian Affairs’ Amerindian Development Fund; $6.78B from Ministry of Public Works’ capital works and $1.3B from the Ministry of Health’s Regional and Clinic.
However, the Finance Minister admitted that some $4.5B had been spent for the period ended June 16, 2014. As such, Granger is asking the court to declare that the National Assembly, in keeping with Article 218 (2) of the Constitution, lawfully disapproved in the annual estimates of Revenue and Expenditure of 2014.
Attorneys representing the Minister of Finance have argued that there is no need for such an order, since the Finance Minister was well within his constitutional right in spending the sums
Attorney General Anil Nandlall had maintained that the Finance Minister was well within his legal boundaries to spend, since he followed procedures outlined in Article 218 of the Constitution.
He said that assuming the court had jurisdiction to grant the order, it ought not to be granted, since particularly Article 218:3 of the Constitution allows for Minister of Finance to lay a statement of excess in the parliament after expending monies for which no appropriation has been made in the appropriation act of any given year.
However, Attorney–at–Law, Basil Williams, argued that there is no law or statute which makes provisions for any Government or Minister of Government to spend monies which were unapproved by the National Assembly.
On Monday, after submitting their final arguments, the lawyers told reporters that they are eagerly awaiting the outcome of the case since the CJ has indicated that notices will be sent shortly providing them with information when he will be in a position to rule.
“I anticipate that it should not be long from now, since the Chief Justice has indicated this is a matter of national importance and he will do everything to ensure he renders a decision as early as possible,” Nandlall said.

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CJ to rule on legal challenge over unapproved spending

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