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Irregularity of the documentary cycle
KUWAIT CITY, July 31: The Audit Bureau stated that there is a weakness in the coordination between the Legal Department of Kuwait Municipality and the General Department of Investigations of the Ministry of Interior when it comes to violations of municipal regulations, reports the daily Al-Qabas. The Audit Office took note of the municipality’s work for the 2021-2022 financial year, including a violation of the Cabinet decision regarding the accommodation of judges and members of the public prosecution and the Department of Fatwa and Justice. legislation, where he clarified that Kuwaitis have the choice between the allocation of government housing or the payment of a housing allowance of 200 dinars for single people and 3,300 dinars for married people, as well as the rules for the payment of the ‘allocation.
The Bureau said that the municipality paid housing allowance to members of the legal department in violation of the third clause of the same decision concerning the prohibition on allocating government housing or granting housing allowance to those who have obtained land only two years after the date of receipt of the loan or allocation of the land, because the purpose of granting housing allowance is to compensate the employee for not benefiting from housing indicating the existence of a court decision forfeiting the entity’s right to claim reimbursement of sums that have been spent illegally. The Bureau requested that the necessary measures be taken to stop and recover the amounts that were disbursed illegally, list similar cases and report in this regard.
The report referred to the findings that have punctuated the work of the municipality’s legal department, responsible for preparing memoranda and memoranda in defense of the municipality, attending hearings, monitoring the execution of judgments, issuing legal opinions on issues related to its activity, which are raised in the city council and its commissions, and examine the contracts concluded by the municipality express an opinion on what is indicated in their respect, as well as conduct administrative investigations assigned to it submitted by specialists, to examine the reports of violations and regulations before returning them to the public prosecutor’s office, and to prepare draft laws, decrees, regulations and decisions related to the activity of the municipality in accordance with the provisions of the articles of the Kuwait Municipality Act (33) of 2016.
Violations The report revealed that there was poor coordination between the Legal Department of the Kuwait Municipality and the General Investigation Department of the Ministry of Interior, where some difficulties were noted regarding reports of violations of municipal regulations, as :
● Non-unification of the number of offense cases between the judicial service of the municipality and the general investigation service, which constitutes an obstacle for the lawyer of the municipality to ensure the follow-up of these cases and facilitate the research process and investigation.
● Non-receipt of files from the municipality to the General Department of Investigations which causes the accumulation of files and their delay with the judicial service.
● When appealing municipal misdemeanor cases, a session is not scheduled for this, causing the criminal case to lapse due to the time lapse and statute of limitations of civil actions for municipal funds. ‘state due.
● Delay in issuing judgments, copying the file or any other request sent to the municipality by the Public Prosecutor and the General Directorate of Investigations.
● When a session is scheduled for the municipal contraventions service, whether in the first instance, in opposition or on appeal, the file is not sent to the competent service, and the session is postponed more than once to resume the original file.
The report dealt with the irregularity of the documentary cycle and the identification of the responsibilities and powers of the legal department of the municipality. It was requested to provide the Bureau with the final judicial decisions rendered in the interest of the Municipality with indemnification and annexed to the executive form with an indication of the measures taken with regard to their implementation. The legal department indicated in its letter that the department concerned had not provided it with the required documents.
The court held that it was unable to review the records of the final court decisions issued in the interest of the municipality for compensation and attached to the executive form, despite its request and urgency, and to s address the officials