Sindh govt to move accountability bill for second time

Law minister says it was Sindh assembly's prerogative to pass a law, governor's assent not mandatory

KARACHI: Two days after Sindh Governor Mohammad Zubair refused to give his assent to the Sindh Accountability Act, 2017, which was passed by the Sindh Assembly on July 26, the provincial government announced on Friday that it will again move this bill in the assembly to get it passed.

The same thing happened with the National Accountability Ordinance, 1999, which was repealed by the assembly. Terming it as a violation of the Constitution, the governor had refused to sign it and returned it to the assembly secretariat with an objection note.

However, later, the assembly turned down the governor's objection and passed it.



Law minister Ziaul Hasan Lanjar told The Express Tribune that after the 18th Amendment, it was the prerogative of the provincial assembly to pass a law and the governor's assent is not mandatory for a law.

"If the governor refuses to give his assent, the assembly has the authority to get it passed again and it will become a law," Lanjar said, adding that the government will summon the assembly session after Eidul Azha to decide the fate of this law.

In his objection, the governor said, "In accordance with the Constitution, federal and provincial laws in domain of accountability can coexist with mutual complementary for the sake of an effective transparent dispensation."



"The repeal of federal jurisdiction will not only trigger a spate of constitutional and legal questions, but also adversely affect the much required national framework and our international obligation in terms of transparency and accountability," he said.

In the Sindh Accountability Act, 2017, powers have been given to the speaker of the assembly to nominate a chairperson for the 'accountability agency' which probes corruption cases in the province.

Countering this clause, the governor said, "Section 8 (2) of the bill, regarding the powers of the speaker of the Sindh Assembly to nominate the chairperson of the agency, seems prone to subjective and unilateral exercise of power by government/treasury benches.



The nominated chairperson is likely to be devoid of the credibility that is essential for such an institution."

Zubair advised a legislative committee of the provincial assembly, comprising an equal number of members from the treasury and opposition, be constituted for an objective agreement on a credible method of appointment of the chairperson of the province's accountability agency.

Regarding the appointment of the director-general (DG) of the agency, the governor said that the positions of DG and director have been set on lower scales which are not beneficial for the proposed position.

"The said committee may also give its recommendation to hire the DG and director for an effective and more professional management of the assigned affairs," he said.



Commenting on the governor's message, Parliamentary Minister Nisar Ahmed Khuhro said, "The governor has a right to raise objection over the matter and the assembly is the final authority to accept or reject his objection."

"Khyber Pakhtunkhwa [K-P] was the first province to pass its own accountability law, why did they not oppose it?" Khuhro questioned.

Reacting to Khuhro's remarks, Pakistan Muslim League - Functional Parliamentary Leader Nand Kumar, who has challenged this law in the Sindh High Court, said that the K-P government had not repealed the NAB Ordinance, 1999 as it was done by the Sindh government and both, the provincial and federal law exists over there.

"We oppose it because Pakistan Peoples Party has a mala fide intention behind this act and they want to protect their corrupt people and bureaucrats," Khuhro said.