The term “Government” seems to be widely misused, by the media and hence, the population, to refer to various agencies designed and charged to deliver public services. There are only three branches that form a democratic Government; the executive, the legislature and the judiciary. Noting that in some systems, it is difficult to separate an elected servant, who as part of the legislature must speak on behalf of a geographic constituency, from an appointed officeholder, who as part of the executive must oversee the national interest.Financial matters, which fund every agency and program, are clearly under the control of the executive. Statutory budgets are in place for the judiciary and the legislature, with mandatory compliance on annual increases and oversight by the legislature (normally controlled by the executive) and reviewed by an independent judiciary. Each service must provide a strategic plan to justify its funding requirements for both recurrent and capital expenditure. Newly proposed services must be brought to the legislature to establish a legal basis for its existence and to approve recurrent cost and in some cases, to approve appointments. However, it is well recognized that withholding of funds can lead to abuse by the executive, the remedy being the judiciary or the electorate. Hence, it is the executive that manages the treasury, not the Government.
In times of natural disasters, the call on the Government is really to a coordinating management agency that was legally constituted by the legislature and funded by the executive. With a clear mission and documented terms of reference, the legislature’s role is completed, now all that is left is to receive periodic reports and if necessary, amend the act as needed or give timely approvals to related money bills. The executive issues an annual budget and plans for increases based on inflation or special request for needed capital expenditure. The judiciary has no role. The head of such an agency, having shown competence to get the job, must now perform. Hence, the phrase “the Government was slow to respond” must read “the National Emergency Management Agency under its present leader was slow to respond”.
Crime, in all its forms, is the only topic that can link all three branches of Government. Nations’ laws are adopted by the legislature from its constitution and its amendments, and undergo further scrutiny and changes by each elected legislature to adjust to present day conditions. With laws in place, the executive through its appointed lead officers and national security committees, fund and oversee the strategies employed to prevent, detect and arrest, implemented by the police and other crime fighting agencies, and also to detain and imprison. Proving that laws has been breached, it is the judiciary that interprets and upholds the laws, deciding on innocent or guilt and issuing rulings and sentences. Not the entire Government!
Rationale
T.A.J & Associates Company Limited uses this occasion to comment on topics that have been covered, both academically and by the mainstream media, to add its opinion and point out investment opportunity, not to invoke any social action.
