Auditor General

According to an official communiqué from the Department of Information, the Auditor General's tenure of office has been extended in accordance with an agreement reached between the Prime Minister and the Leader of the Opposition.

This communiqué, however, does not say on what legal grounds such an extension has been granted. Nor does it specify the duration of such extension.

The Constitution, in fact, makes no provision for such an extension. According to Section 108(3) "the Auditor General shall hold office for a period of five years from the date of his appointment and shall be eligible for reappointment for one further period of five years".

Hence, the office of Auditor General is now vacant and a new Auditor General should have been appointed "by the President, acting in accordance with a resolution of the House of Representatives, supported by the votes of not less than two-thirds of all the members in the House" (Section 108 (2)).

The Department of Information should, therefore, explain how such an arrangement fits in with the provisions of the Constitution.

It would be also pertinent to point out that the post of Deputy Auditor General has been vacant for the last six years notwithstanding the provisions of the Constitution in his regard.

All this shows a total disregard to the provisions of the Constitution by those who have sworn fealty to it. Sad to say, neither has the media been vigilant in this regard.

Apparently, history repeats itself. J. G. Galea was appointed Acting Director of Audit in June 1995. Although his predecessor retired on reaching the age of 60 on August 9, 1995, he was never confirmed in his appointment (which meant that his independence was jeopardised) and was then appointed Auditor General in July 1997 (two years later) when the new legislation came into force.