On Thursday, November 12, 2026, Me Rogavil Boisguéné, President of the Superior Court of Accounts and Administrative Disputes (CSC/CA), informed former Prime Ministers and Ministers [who are candidates in the upcoming elections] that, in accordance with the principle of the separation of powers and the rule of administrative legality, the Court cannot, under any circumstances, assume or appropriate prerogatives or competencies that have not been expressly granted to it by the Constitution and the laws of the Republic.

In this regard, the Court recalls the legal and constitutional provisions governing the discharge procedure:

Article 233 of the amended Haitian Constitution stipulates : "In order to exercise rigorous and ongoing oversight of public expenditures, a Parliamentary Commission of fifteen (15) members comprising nine (9) Deputies and six (6) Senators, shall be elected by secret ballot at the beginning of each Ordinary Session. This Commission is tasked with reporting on the conduct of Ministers, thereby enabling the two (2) Chambers to grant them a discharge. The Commission may enlist the assistance of specialists to support its oversight functions."

Article 89 of the Law of May 4, 2016, which replaced the Decree of February 16, 2005, concerning the process for drafting and executing finance laws—prescribes : "Parliament votes on the resources and expenditures of the State budget through finance laws. It ensures ongoing and regular oversight of public expenditures through the bicameral discharge commission and the standing committees of both branches of Parliament. In this regard, it is entitled to request that the audit authority conduct any investigations necessary to inform its deliberations.”

Article 205 of the Rules of Procedure of the Senate of the Republic stipulates : "With respect to the State’s Public Administration, the six (6) Senators who are members of the relevant Commission shall join the nine (9) Deputies designated by the Chamber of Deputies to form the bicameral commission provided for in Article 233 of the Constitution; the Parliamentary Commission on Public Accounts and Discharge shall receive the report from the Superior Court of Accounts and Administrative Disputes (CSC/CA), analyze it, and draft its own report on the management of the ministers.”

Consequently, the CSC/CA firmly reaffirms that it is in no way authorized to exceed its constitutional and legal mandates, nor may it substitute itself for Parliament in granting a discharge of management to former prime ministers and ministers.

Such authority falls exclusively within the purview of the Legislative Branch, with the sole exception of cases where such former high-ranking officials have been declared de facto custodians of public funds during the exercise of their duties. In this specific scenario, they become subject to the jurisdiction of the Court, which is then the sole authority competent to adjudicate their accounts, in accordance with applicable legal and regulatory provisions.

The CSC/CA relies on the understanding and sense of responsibility of all parties concerned.

HL/ HaitiLibre