The Alliance For Change wholly welcomes the successful re-positioning of the Judiciary from a Budget Agency under the control of the Ministry of Finance, to that of an independent entity with overarching financial autonomy.
Since the year 2001 this was a reform fought for and won. By article 222A, the Judiciary’s status was elevated to that of an independent entity to be financed as a direct charge on the Consolidated Fund, determined as a lump sum by way of an annual subvention approved by the National Assembly.
This long delayed arrangement which took 13 (thirteen) long years to be implemented may not have occurred without persuasion and pressure from the Opposition during consideration of the 2014 Estimates recently. The PPP Government evaded and avoided this constitutional configuration because it wanted overall control over the finances of the Judiciary and as to how it should be disbursed.
This year, however, a Motion moved by Carl Greenidge and seconded by Ramjattan effectuated the new dispensation so as to bring it into conformity with the constitutional amendment of 2001.
This new dispensation will mean that from now on each year’s proposed Budgetary allocation for the Judiciary as prepared by the Chancellor and his team, will come directly to the National Assembly for approval; and not, as used to be the case before, go to the Ministry of Finance for such approval. Of course, the Ministry of Finance will play a role in concurring with the lump sum as approved by the National Assembly. It also means that bureaucratic setbacks for the issuance and clearance of monies for the Judiciary will now be negligible as there will be no Ministerial discretion for disbursements.
The AFC sees this new institutional arrangement as a practical endeavour to secure more independence for our Judiciary, and making more rigid that separation of powers without which a constitutional democracy is made all the more vulnerable. [END]
The Alliance For Change wholly welcomes the successful re-positioning of the Judiciary from a Budget Agency under the control of the Ministry of Finance, to that of an independent entity with overarching financial autonomy.
Since the year 2001 this was a reform fought for and won. By article 222A, the Judiciary’s status was elevated to that of an independent entity to be financed as a direct charge on the Consolidated Fund, determined as a lump sum by way of an annual subvention approved by the National Assembly.
This long delayed arrangement which took 13 (thirteen) long years to be implemented may not have occurred without persuasion and pressure from the Opposition during consideration of the 2014 Estimates recently. The PPP Government evaded and avoided this constitutional configuration because it wanted overall control over the finances of the Judiciary and as to how it should be disbursed.
This year, however, a Motion moved by Carl Greenidge and seconded by Ramjattan effectuated the new dispensation so as to bring it into conformity with the constitutional amendment of 2001.
This new dispensation will mean that from now on each year’s proposed Budgetary allocation for the Judiciary as prepared by the Chancellor and his team, will come directly to the National Assembly for approval; and not, as used to be the case before, go to the Ministry of Finance for such approval. Of course, the Ministry of Finance will play a role in concurring with the lump sum as approved by the National Assembly. It also means that bureaucratic setbacks for the issuance and clearance of monies for the Judiciary will now be negligible as there will be no Ministerial discretion for disbursements.
The AFC sees this new institutional arrangement as a practical endeavour to secure more independence for our Judiciary, and making more rigid that separation of powers without which a constitutional democracy is made all the more vulnerable. [END]
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