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By Latoya GilesChief Justice Ian Chang has rejected an ex-parte application by Attorney General Anil Nandlall,Patrick Chung Patriots Jersey UK, to have the full restoration of the budget funds. He has however allowed the Finance Minister Ashni Singh to seek to withdraw monies from the Consolidated Fund, as is necessary, for the functioning of the Ethnic Relations Commission (ERC) which is a constitutional body.The Chief Justice also ordered that the National Assembly should only approve or disapprove of the budget but not cut it. According to Chang,Rob Gronkowski Patriots Jersey UK, the court has found that the act of the National Assembly in cutting or reducing the estimates of expenditure laid by the Minister of Finance under article 218 of the constitution was outside its constitutional remit.To make budgetary cuts was akin to rewriting a budget,Grady Jarrett Falcons Jersey UK, something that is the responsibility of the Finance Minister and certainly not the responsibility of the opposition, the Chief Justice declared.The court further found that the National Assembly even though it might have purported to do so did not perform its constitutional duty under article 222 when it allocated $1 to finance the ERC.It was noted that in “order to enable that constitutional entity and its secretariat to perform its constitutional functions the court will order the Ministry of Finance to allow all expenditures necessary from time to time for the maintenance of that entity and for the performance of its constitutional function to be charged directly upon the consolidated fund,Nick Perry Packers Jersey UK, until the national assembly determines a lump sum by way of subvention to meet such expenditures in accordance with the constitution”.The High Court case was brought by the government against the opposition regarding the cuts to the National Budget. Attorney General Nandlall made an application to permit the Minister of Finance Dr Ashni Singh to withdraw from the Consolidated Fund,James Harrison Steelers Jersey UK, the sums of money originally budgeted for.The court had given the opposition three weeks to prepare submissions on why the interim order applied for should not be granted to the government. These arguments were presented in chambers.The arguments were based on constitutional structure of the Guyana constitution and the doctrine of the separation of powers of the executive,Brett Favre Packers Jersey UK, the legislature, and the judiciary. Nandlall put forward that each must have functional autonomy in the discharge of their respective functions and the wherewithal to do so.This would include the necessary finances to discharge those functions.The argument also included the contention that the National Assembly rejected the Finance Minister’s estimates, and presented and passed its own estimates. The AG contended that the presentation of estimates to the Assembly is a function that resides exclusively with the executive, which the Assembly has the power to scrutinise,Rocky Bleier Steelers Jersey UK, approve or disapprove,Randall Cobb Packers Jersey UK, but not the power to reduce.The Minister stated that the actions of the National Assembly have taken away that ability from the Executive, several other constitutional creations,Tony Gonzalez Falcons Jersey UK, and several other important executive creations, and bodies that were created by executive decisions. |
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