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FM
Former Member



 

The government has been fighting a principled campaign to moderate the opposition's dictatorial thrust. It went to the courts to uphold the constitutional mandate for the opposition to use the principle of proportionality in forming parliamentary committees and it is going to the courts again. This time for the latter to instruct the opposition that they cannot cut off funds to support constitutionally established institutions.

The Constitution is clear on this matter: Article 218 declares (1) No monies shall be withdrawn from the consolidated funds except (a) to meet expenditure that is charged upon the fund by this Constitution …”. Most critically this exception is separate from the one where the Parliament has to approve: (b) where the issue of those monies has been authorised by an Appropriation Act. The budget, after debate and approval by the Parliament become an “Appropriation Act”.
The ERC, for instance, is a constitutionally-constituted body. The Parliament cannot starve it out of existence. The president has already established the OP; it cannot be starved out of existence.

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