On 2 August 2012, the Minister of Finance tabled two financial papers in the National Assembly requesting the Assembly to approve sums totaling $13.740 billion by way of supplementary estimates. Readers will recall that on 30 April 2012, the National Assembly approved of the Estimates of Expenditure for 2012 in the sum of approximately $172 billion against the Government’s original request of $192.8 billion, a reduction of $20.8 billion or 10 per cent. This prompted the Government to challenge the Assembly’s decision to reduce the budget on the ground that: (a) it was unconstitutional for the Assembly to do so; and (b) the Assembly could either approve the budget or reject it, but not reduce it.
In his preliminary ruling, the Chief Justice stated that the Minister of Finance could restore the budget for the Ethnic Relations Commission (ERC), a constitutional body whose expenditure is a direct charge on the Consolidated Fund. The National Assembly does not vote on expenditure that is a direct charge on the Consolidated Fund. Article 212(6) of the Constitution, however, states that the ERC “shall appoint a Chief Executive Officer, who shall serve as Secretary, and such other officers and employees as may be necessary for the efficient discharge of its functions, on such terms and conditions as may be determined by the Commission, save that the remuneration of the officers and employees shall be subject to the
