Notice to Former Prime Ministers and Ministers
- The CSCCA states that it cannot take on powers not expressly given to it by the Constitution and the laws.
- Article 233 of the amended Constitution provides for a fifteen-member parliamentary commission, nine deputies and six senators, to report on ministers' management so the Assemblies can grant discharge.
- Article 89 of the law of 4 May 2016 gives Parliament permanent control of public spending through the bicameral discharge commission.
- The Court states that it is not authorized to grant discharge of management to former prime ministers and ministers.
- Discharge belongs exclusively to the Legislative Power, except where former officials are declared accountants de facto of public funds.
- In that exception the Court alone is competent to judge their accounts.
The Cour Supérieure des Comptes et du Contentieux Administratif informs former prime ministers and ministers that, under the principle of separation of powers and administrative legality, it cannot take on powers not expressly given to it by the Constitution and the laws. It recalls article 233 of the amended Constitution, which provides for a parliamentary commission of fifteen members, nine deputies and six senators, to report on ministers' management so the two Assemblies can grant discharge. It also cites article 89 of the law of 4 May 2016 on the preparation and execution of finance laws and article 205 of the Senate's internal rules. The Court states that it is not authorized to exceed its powers or to substitute for Parliament in granting discharge. Discharge belongs exclusively to the Legislative Power. The only exception is where former senior officials are declared accountants de facto of public funds, in which case the Court alone is competent to judge their accounts. The notice is signed by Rogavil Boisguéné.
How to cite
Superior Court of Accounts and Administrative Disputes (CSCCA), 2026, Notice to Former Prime Ministers and Ministers, https://cscca.gouv.ht/uploads/documents/1794513795_AVIS_AUX_ANCIENS_PREMIERS_MINISTRES_ET_MINISTRES.PDF
- Rights holder
- Cour Supérieure des Comptes et du Contentieux Administratif (CSCCA)