The FMA (Amendment) Act 2021: A negation of a genuine attempt to secure the financial autonomy of constitutional agencies

On 4 February 2021, the Fiscal Management and Accountability (Amendment) Act 2021 was passed in the National Assembly. According to the Explanatory Memorandum, the amendments seek to correct several anomalies relating to constitutional agencies that the Assembly had approved in 2015. It  defines “constitutional agency” to mean an agency listed in the Third Schedule of the Constitution. In total, there are 17 such agencies. The Schedule to the FMA Act has also been amended to include these agencies as budget agencies. The Act defines a budget agency as ‘a public entity for which one or more appropriations are made and which is named in the Schedule’.