Controller
and
Auditor
General
of the
United
Republic
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143.-(1) There shall be a Controller and
Auditor-General of the United Republic.
(2) The Controller and Auditor-General shall
have the responsibility over the following matters:
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Act No.14 of 1979 Art.11 Act No.15 of 1984 Art.43
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(a)
to ensure that the use of any moneys proposed to be paid out of the
Consolidated Fund has been authorized and that the funds shall be paid out in
accordance with the provisions of Article 136 of this Constitution, and where
he is satisfied that those provisions shall be duly complied with, then he
shall authorize payment of such moneys;
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(b)
to ensure that all the moneys the payment of which has been authorized to be
charged on the Consolidated Fund of the Government of the Untied Republic, or
the moneys the use of which has been authorized by a law enacted by
Parliament and which have been spent, have been applied to the purposes
connected with the use of such moneys and that such expenditure has been
incurred in accordance with the authorization for such expenditure; and
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(c) at least once every year to audit and
give an audit report in respect
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of the accounts of the
Government of the Untied Republic, the accounts managed by all officers of the
Government of the Untied Republic and the accounts of all courts of the United
Republic and the accounts managed by the Clerk of the National Assembly.
(3)
The Controller and Auditor-General and every employee of the Government
who is authorized by him shall have the right to examine books records,
statements of accounts, reports and all other documents concerning any type of
account referred to in subarticle (2) of this Article.
(4) The Controller and Auditor-General shall
submit to the President every report he makes pursuant to the provisions of
subarticle (2) of this Article. Upon
receipt of such report the President shall direct the persons concerned to
submit that report before the first sitting of the National Assembly which shall
be held after the President has received the report and it shall have to be
submitted to such sitting before the expiration of seven days from the day
the sitting of the National Assembly began.
If the President does not take steps of submitting such report to the
National Assembly, then the Controller and Auditor-General shall submit the
report to the Speaker of the National Assembly (or the Deputy Speaker if the
office of the Speaker is vacant then, or if for any reason the Speaker is unable to perform the
functions of his office) who shall submit the report to the National
Assembly.
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(5)
The Controller and Auditor-General shall also have responsibility of
discharging other duties and functions, and shall have other various powers
as shall be specified by the law concerning the accounts of the Government of
the United Republic or the accounts of other public authorities or other
bodies.
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(6)
In the discharge of his functions in accordance with the provisions of
subarticles (2), (3) and (4) of this Article, the Controller and
Auditor-General shall not be obliged to comply with the order or direction of
any other person or Government Department, but the provisions of this
subarticle shall not preclude a court from exercising jurisdiction to enquire
into whether the Controller and Auditor-General has discharged his functions
in accordance with the provisions of this Constitution or not.
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Removal
from
office
of
Controller
and
AuditorGeneral
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144.-(1) Without prejudice to the other provisions
of this Article, the Controller and Auditor-General of the United Republic
shall be obliged to vacate office upon attaining the age of sixty or any
other age which shall be prescribed by a law enacted by Parliament.
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Act No.15 of 1984 Art.43 Act No.12 of 1995 Art.19
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(2)
The Controller and Auditor-General may be removed from office only for
inability to perform the functions of his office (either due to illness or to
any other reason) or for misbehaviour, or for violating the provisions of the
law concerning the ethics of public leaders and shall not be so removed
except in accordance with the provisions of subarticle (4) of this Article.
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(3)
if the President considers that the question of the removal of the
Controller and Auditor-General from office under the provisions of this
Article needs to be investigated, then the procedure shall be as follows:
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(a) the
President shall appoint a Special Tribunal which shall consist of
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a Chairman and not less than
two other members. The Chairman and at
least half of the other members of that Special Tribunal shall be persons who
are or have been Judges of the High Court or of the Court of Appeal in any
country within the Commonwealth;
(b)
the Special Tribunal shall investigate and submit report to the President on
whole matter and shall advise him whether or not the Controller and Auditor
General should be removed from office in accordance with the provisions of
this Article on the grounds of inability to perform his functions due to
illness or any other reason or on grounds of misbehaviour.
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(4) If the Special Tribunal appointed in
accordance with the provisions of subarticle (3) advises the President that
the Controller and Auditor-General be removed from office on grounds of
inability to perform functions of his office due to illness or any other
reason or on grounds of misbehaviour, then the President shall remove him
from office.
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(5) If the question of removing the Controller
and Auditor-General has been referred to a Special Tribunal for investigation
pursuant to the provisions of this Article, the President may suspend the
Controller and Auditor-General from office, and the President may at any time
rescind the decision to suspend the Controller and Auditor-General and in any
case such decision shall lapse if the Special Tribunal advises the President
that the Controller and Auditor-General be not removed from office.
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(6) A person who holds or who has held the
office of Controller and Auditor-General shall not be appointed to, or act
in, any other office in the service of the Government of the Untied Republic.
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(7) The provisions of this Article shall not
apply to any person appointed acting Controller and Auditor-General.
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