On the issue of affirmative resolution

Date:

DEAR EDITOR, I refer to the news carried in the Island Sun issue on March 29, 2018 which said that three statesmen were contacted.

My view made to the enquiry was: in 2017 the national parliament passed an affirmative resolution in the absence of any approved budget for the year 2018.

The effect of that legal instrumentality would lapse under the authority of the constitution.

I had not seen section 103 of the constitution at the time, but I said that if the effect of the affirmative resolution passed by parliament tells of the period during which the government would be empowered to spend funds under the consolidated fund, then that would be the period during which the legal effect of the affirmative resolution would terminate.

Section 103 is quite clear as to the duration of an affirmative resolution, which is four months, meaning the end of April of 2018.

There is thus room enough to enable the parliament to enact the 2018 appropriation act.

The government in that light has ample time to enact the 2018 appropriation act prior to the end of April 2018.

This is my humble view, to make the record straight for the public’s clear understanding of the constitution (section 103).

Yours sincerely

Sir Nathaniel R Waena

Retired Governor General

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