UNC MP for Siparia Kamla Persad-Bissessar has filed legal action against Finance Minister Karen Nunez-Tesheira and the Attorney General. The action was filed for administrative orders to declare a $2.3 billion appropriation in the Finance (Supplementary Appropriation) Act 18 of 2008 unconstitutional, null and void.�
The lawsuit which is in the name of Fyzabad MP Chandresh Sharma, was filed in the San Fernando High Court, following a pre-action protocol letter to Government on March 16 this year.�Persad-Bissessar and Sharma are seeking the orders from the court to:
�2 Declare the 2008 Act void;
�2 Declare warrants for disbursement of funds under the Act void;
�2 Freeze the Minister of Finance's powers to issue any such warrant;
�2 Compel the Minister to transfer the excess $2.3 billion to the Exchequer Account.
According to court documents, it is alleged that the 2008 Act, which sought to approve an appropriation of $3.9 billion from the Consolidated Fund and into the Infrastructure Development Fund (IDF) for future projects, was unconstitutional. The documents state that this was because no estimates of expenditure for the sum of $2.3 billion was laid in the House as required by the Constitution.
The documents added that:
�2 Constitution does not allow for the sums to be appropriated in one financial year for expenditure in a future financial year.
n Supplementary appropriation can only be sought where the allocated sums were insufficient to meet actual expenditure, or where a need has arisen for expenditure.
�2 There was no actual expenditure for the sums which Government attempted to record in the accounts as actual expenditure, since Government clearly indicated that the transfer to the IDF was for future projects.
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