Senegal Minister Moussa Sarr Proposes Amendment to Credits Spéciaux Law

• The Minister of Justice, Me Moussa Sarr, presented an amendment to the proposed law on the legal regime of credits spéciaux during a commission meeting on August 12, 2026.
• The amendment aims to clarify the scope of the law by specifying that only credits alloués to the Presidency of the Republic, the National Assembly, and the Prime Minister's Office are concerned.
• The Pastef-Les Patriotes group has consistently advocated for greater transparency and accountability in the management of credits spéciaux.
• The proposed law amendment has significant implications for the control of credits spéciaux in Senegal, potentially leading to a shift in power from the legislative branch to the executive.

This change is intended to better circumscribe the object of the text and ensure a uniform application of the device to the institutions involved.

The Minister of Justice, Me Moussa Sarr, presented an amendment to the proposed law on the legal regime of credits spéciaux during a commission meeting on August 12, 2026. The amendment aimed to clarify the scope of the law by specifying that only credits alloués to the Presidency of the Republic, the National Assembly, and the Prime Minister's Office are concerned. This change is intended to better circumscribe the object of the text and ensure a uniform application of the device to the institutions involved.

The article premier of the proposed law n°34/2026 was also reformulated to reflect this change. The new version states that the law defines credits spéciaux alloués to these institutions and delimits their scope, while leaving the modalities of control to be determined by decree.

The proposed law amendment has sparked controversy between the government and the majority parliamentary group Pastef-Les Patriotes. While the government's amendment aims to clarify the scope of the law, the opposition argues that it would undermine the control of credits spéciaux. The Constitution's articles 67 and 76 establish a clear distinction between the legislative and regulatory powers, with the former responsible for setting fundamental principles and the latter for implementing them.

The Pastef-Les Patriotes group has consistently advocated for greater transparency and accountability in the management of credits spéciaux, which they see as essential to preventing abuse and ensuring that these funds are used for their intended purpose.

The proposed law amendment has significant implications for the control of credits spéciaux in Senegal. If implemented, it would likely lead to a shift in power from the legislative branch to the executive, undermining the ability of parliamentarians to oversee the use of these funds. This could have far-reaching consequences for transparency and accountability in government, as well as for the overall stability of the country's financial system.

Lawyers and compliance officers should be aware of these developments and consider how they may impact their clients' interests. The proposed law amendment highlights the need for careful consideration of the implications of such changes on the control of credits spéciaux.

Lawyers and compliance officers should watch for the potential implications of the proposed law amendment on the control of credits spéciaux in Senegal, particularly with regards to the encadrement of these funds as advocated by Pastef Les Patriotes.

Source: Original reporting via Le Garde des Sceaux