CARETAKER GOVERNMENT · BUDGET AUTHORITY
Who Authorises Public Spending After Parliament’s Dissolution?
The government’s plan is public. The order, spending ceiling and precise constitutional route still require documentation.
JUBA — Government spokesperson Ateny Wek Ateny said on 5 October that expenditure would continue by presidential provisional orders after the 2026/27 budget failed to pass before Parliament was dissolved on 22 September. Eye Radio reported that the draft was still before parliamentary committees at dissolution.
That statement explains the government's announced plan; it does not show that President Salva Kiir has already signed an instrument or disclose what sums ministries may spend.
What the constitutional provisions say
The Transitional Constitution published by the Ministry of Justice contains three provisions relevant to this question. This is a reading of the published text, not a judicial finding on the caretaker government's authority; any later amendments and the actual order need checking.
- Article 86(5): provisional orders while the legislature is not in session cannot affect the annual allocation of resources and financial revenue. That limits a general provisional-order route to a budget.
- Article 88(7): if the National Legislative Assembly fails to pass the budget within 45 days, the President may issue a budget decree deemed passed. The date on which the 45-day clock began, and whether its condition was met before dissolution, need documentary confirmation.
- Article 90(3): if a budget and appropriation are delayed beyond the start of the financial year, expenditure may continue according to the previous year's approved estimates as if appropriated. This provides a distinct continuity provision, whose scope depends on the prior approved estimates and the relevant fiscal dates.
The provisions should not be collapsed into a claim that any presidential order can approve unlimited new spending. Nor can the spokesperson’s statement alone settle which provision the government invokes.
The records needed
The presidency and Finance Ministry should publish the signed instrument, the submitted budget, the previous year's approved estimates, spending instructions to ministries and states, and the dates relevant to Article 88(7). The public also needs to know how election expenses, salaries, humanitarian allocations, new contracts, borrowing and taxes are being classified and audited while no national legislature sits.
Who reviews the accounts and when can legislative scrutiny resume? Those are practical questions as well as constitutional ones. If Parliament remains dissolved for longer than expected, a clear ceiling, periodic revenue reports and independently accessible audit records become more urgent.
Sources: Eye Radio’s report of Ateny’s 5 October statement; Ministry of Justice constitutional text. Further reporting will seek the signed instrument and current consolidated law.