Article number seventy-nine of the Afghan constitution says,” During the recess of the House of Representatives, the Government shall, in case of an immediate need, issue legislative decrees, except in matters related to budget and financial affairs.”
Based on President Ghani’s decree telecommunication customers are paying 10% of taxation on every top up since nearly one month.
The following taxation is automatically deducted from the customer’s credits and being transferred to government treasury.
Afghan parliament on Wednesday unanimously rejected the decree to impose the 10% tax on mobile with eight votes in favor of taxation.
Qais Hassan, MP and chairman of parliament’s Telecommunication and Transportation Commission said,” the President does not have the authority to issue decree in matters related to budget and financial affairs, taxes are being collected since two months and we don’t know if it has been transferred to the government account or it is still with the companies”.
Afghan constitution reads,” Legislative decrees, after endorsement by the President, shall acquire the force of law. Legislative decrees shall be presented to the National Assembly within thirty days of convening its first session, and if rejected by the National Assembly, they become void.”
Musa Nasrat, MP and a member of the Telecommunication and Transportation Commission added,” legislative decree is not a law and it violates the Afghan constitution, the Commission has decided to draft a law for transparent execution of telecommunication taxes”.
Lawmakers accused President Ghani for violating the Afghan constitution with legislative decrees in nine cases.
“The President has issued nine decrees which are against the constitution,” MP Sediq Ahmad Osmani criticized.
This comes as officials in the Afghan Ministry of Finance recently announced they have received nearly 83 million Afghanis in about ten days from mobile taxes.