A committee within the Wolesi Jirga, the Afghan house of representatives, has accused the government, particularly the president, of violating several constitutional provisions.
The committee stated in a report that the president had created several new budgetary units without the approval of the house of representatives and had removed sections from a number of ministries and merged them with other departments.
According to the committee, the president has issued several decrees that are against the Afghan constitution.
On Wednesday, the Parliamentary Committee on Legislative Affairs considered several cases of the president’s decisions, including the establishment of the Prisons Regulatory Authority. Also, among the cases, is the transfer of a number of the Ministry of Interior’s institutions, such as the General Directorate of Traffic, which was relocated to the Municipality, then to the Ministry of Transport. All such moves are against the constitutional law, said the committee.
Due to the spread of the coronavirus, the house of representatives only holds general sessions on Wednesdays.
“Mr. President, if you hear my words, you have no authority whatsoever regarding the ministries,” said Nazir Ahmad Hanafi, a member of the committee.
“Establishing a new prison administration is against the law,” said Monawar Shah Bahadori, another member of the committee.
Some lawmakers stated that a number of acting ministers who have not received a vote of confidence from the house of representatives thus far, yet have been appointed by the president. They are active in citing dozens of orders issued by the President, which are against the law.
“Essentially, they (the Presidential Palace) wants to question the reputation of the Wolesi Jirga (House of Representatives),” said Khalid Assad, a member of parliament.
“11 to 12 people have now been nominated for the post of the minister, while also serving as caretakers (acting ministers), which is against the constitution,” said Gulrahman, Hamdard, a member of parliament.
“You have to deal with this based on the law with the president, who has repeatedly violated the constitution,” said Arif Rahmani, another member of parliament.
The Presidential Palace stated that the president is committed to enforcing the country's applicable laws.
“The president is at the head of the government of the Islamic Republic of Afghanistan, which exercises its powers in the executive, legislative and judicial areas. President Ghani believes in and is committed to the protection of the constitution and other applicable laws of the country,” said Latif Mahmood, Ghani’s deputy spokesman.
The creation of new institutions, the issuance of decrees during the holidays of the house of representatives, the continuation of acting ministers in a number of government institutions, are some of the differences that have existed between the executive branch and the house of representatives in recent years.