Notice to Former Prime Ministers and Ministers

Notice to Former Prime Ministers and Ministers

Summary: Notice from the president of the CSCCA to former prime ministers and ministers stating that the Court has no power to grant discharge of management. That power belongs to the Parliament, except where a former official is declared an accountant de facto of public funds.
Key Findings
Full Description

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.

Sectors
Geography

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)