Ghana's decentralisation process sustainable - Oppong-Fosu
Parliament calls for adequate resources for
NMC
Judiciary to absorb Stool Land Boundaries
Settlement Office
Accra (Greater Accra) 21 July 2000
While Lawyer members of Parliament rejoiced over the eventual closure of the office of Stool Land Administration, a Forester could not hide his fears for the escalation and protraction of land litigation.
Lawyers saw the move as a home-calling event since matters of stool lands will now fall directly under the purview of the Judiciary and strengthen its hand in the delivery of justice.
Alhaji Collins Dauda, Chairman of Lands and Forestry, contended that the lack of specialised courts to handle such cases would aggravate the situation where such cases delay at the law courts.
Members were debating in the house during the second reading of the Stool Lands Boundaries Settlement (Repeal) Bill on Thursday.
The bill seeks to transfer the functions of Stool Lands Boundaries Settlement Commissioner to the Judiciary.
Under the Stool Lands Boundaries Settlement Decree, 1973 (NRCD 172), a Commissioner is responsible for the settlement of stool lands boundaries disputes.
The administrator should be a lawyer qualified to be appointed to the Court of Appeal. Provision is also made for the appointment of two deputies with qualification of a High Court Judge.
In a memorandum to Parliament, Dr Obed Asamoah, Minister for Justice and Attorney General said to date, owing to lack of resources, only the Commissioner has been appointed thus leading to pilling up of many cases for settlement.
"It will also avoid hardships to litigants, who travel often to the offices of the Commissioner to have their cases heard since the they can now reach the nearest High Court to be listened to."
He said provisions have been for the transfer of the Commissioner and the staff of his office to such equivalent offices in the Judiciary as the Chief Justice on the advice of the Judicial Council and in consultation with the Public Service Commission shall determine.
Nana Akufo-Addo, the Minority Spokesman on Legal and Constitutional Matters, called the repeal "a good idea, a welcomed and progressive step".
The member said that the courts would deliver if resources were made available to it and asked Parliament and the Executive to address the issue.
Papa Owusu Ankoma, NPP-Sekondi, suggested the introduction of a procedure where a percent of the budget is consistently channelled into the promotion of the activities of constitutional bodies to reflect the nation's zeal for good governance.
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Accra (Greater Accra) 21 July 2000
Mr Martin Amidu, Deputy Attorney General told Parliament on Thursday that it is not the intention of the government to delay unduly the payment of compensation for lands it acquires.
He said the government ascertains the credibility of the beneficiary and said, "when such delays occurred it does not mean it is insensitive but assessing rival claims to compensation and other factors that do not emanate from it."
Mr Amidu was responding to concerns tabled by members during the second reading of the State Lands (Amendment) Bill.
The first part of the bill, which was originally packaged to resuscitate the Land Tribunal got to the floor of the house with a new mission of keeping existing laws in line with the provisions of the Constitution.
The Joint Committee on Constitutional, Legal and Parliamentary Affairs and Lands and Forestry had disagreed with that objective on the grounds that the establishment of a Land Tribunal will be unconstitutional.
"Empanelling a land Tribunal to handle compensation in cases arising out of compulsory acquisition of land means creating a new body to perform a function, which has been given to the High Court by the Constitution."
The joint committee upheld the other aspect that deals with the claims and compensation since there is a defect in existing law, which needed to be cured.
Mr Dornu Nortey, Deputy Minister of Lands and Forestry said Bill when passed would ensure social justice.
He said henceforth, any governmental entity that would acquire land would be expected to prove that it has the resources to pay compensations to the owners.
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Accra (Greater Accra) 21 July 2000
Mr Akwasi Opong-Fosu, presidential nominee for the post of a Deputy Minister of Local Government and Rural Development, on Thursday said the country's decentralisation process is sustainable because it is based on the socio-cultural circumstance of the people.
He said the decentralisation has been designed to allow for devolution of power from the centre to the grassroots level, making it possible for the ordinary citizens to participate in the decision-making process.
Mr Oppong-Fosu, who is currently the District Chief Executive for Ahafo Ano North, was answering questions at a public hearing of the Parliamentary Appointments Committee.
The nominees said that the country's decentralisation programme, which has been acclaimed internationally, recognises the important role of women and traditional authorities in national development and this has, therefore been factored into the new local government system.
He said the institution of the District Assemblies' Common Fund, for instance, has attracted the interest of many African countries.
Mr Oppong-Fosu, who is acknowledged as the longest serving District Chief Executive, had been asked about the success of the decentralisation since its inception, said the programme has achieved a significant measure of success but there are still few problems that need to be addressed.
He said if appointed, he would help to strengthen policy-monitoring systems to link up with the districts to ensure that programmes and projects are implemented effectively.
He would also ensure the integration of the decentralised departments into the local government system, the establishment of a composite budget for the districts and strive for the setting up of the Local Government Service to help complete the decentralisation process.
On whether the poverty alleviation fund has improved the socio-economic status of the people, Mr Oppong-Fosu told the panel that the programme, which was started in his district in 1996 has assisted a number of youth groups in the area to engage in gainful agricultural ventures.
He said the district had achieved nearly 100 per cent recovery rate of the loans granted to the beneficiaries, adding that the programme has significantly strengthen the local economy.
On allegations that only members and sympathisers of the National Democratic Congress (NDC), benefit from the fund he responded that "the allegations are an issue of perception", adding that the committee that disbursed the fund cuts across the political divide.
Asked how the fund is disbursed, Mr Oppong-Fosu said there are modalities. He supported the suggestion that since the resources of the district assemblies are inadequate he should encourage the participation of the private sector in the economic activities at the local level.
He said it has been the concern of local administrations all over the world to meet competing demands with their scarce resources, and noted that the operation of markets, for instance could be a source of private sector participation to raise adequate revenue to cater for such demands.
Asked what should be done to prevent any conflict between the DCE and MPs over the disbursement of the Common Fund, the nominee urged that the two parties must strictly adhere to the guidelines governing the facility.
On the Unit Committee system in the decentralisation process, Mr Oppong-Fosu said the concept is an innovation that should be supported by both the assemblies and the sector Ministry to enhance administration at the local level.
Asked whether or not MPs should be members of the district assemblies, he said it is, necessary for MPs to be members of the assemblies.
Mr Oppong-Fosu, 42, is married with three children. He holds a Bachelor of Science (Chemistry with Zoology) from the University of Ghana, Legon, and is currently pursuing a Masters of Science in Public Policy and Management.
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Parliament calls for adequate resources for
NMC.
Accra (Greater Accra) 21 July 2000
Parliament on Thursday adopted a report of its Committee on Communications on the 1997/98 National Media Commission (NMC), Annual Report and recommended that the Commission be adequately resourced to perform its constitutional functions effectively.
The Committee said in its report that the present working conditions of the Commission leaves much to be desired, noting that members of the NMC receive a monthly allowance of 92,000 cedis.
Some members of the Commission also use their personal vehicles and fuel to discharge official duties.
"For the purposes of realising the objectives of the Commission as spelt out in the Constitution, it is important that the Commission is well resourced to meet the challenges of the media industry", the Committee said.
The Committee recommended that the Commission should solicit for financial assistance from non-governmental organisations to supplement its state funding to support its programmes.
It said that in view of the heavy workload of the members of the NMC, some of them should be engaged full-time, adding that in this respect, appropriate legislation must be initiated by the relevant bodies to enable the NMC to benefit from the potentials of its members.
The Committee expressed dissatisfaction with the existing working relationship between the sector Ministry, the Commission and the National Communications Authority.
In its report, the NMC noted that there was difficulty in establishing when the previous administration had to end its tenure of office for the incoming members to take over.
It said to address the problem, the Commission has already set up a mechanism to ensure a smooth transition from one administration to the other.
The mechanism allows the constituent body to elect incoming members of the Commission to run a three-year term.
The report said the Commission, has, however, recommended a four-year term for elected members in its proposals embodied in the National Institutional Renewal Programme report (NIRP), which is awaiting legal backing.
The Commission, the report said, intends to set up a permanent monitoring unit to oversee the role and functions of television and radio stations in the country.
The rationale is to ensure objectivity, fairness, balanced reporting of issues and the promotion of high standards in the media.
The Commission urged that the necessary funding should be approved for the execution of these programmes.
The report said during the period, the Commission settled 47 media complaints.
The House commended the NMC, saying out-of-court settlement of such cases has won public confidence in the Commission.
Parliament also adopted a report on the Amendment to the Petroleum Agreement among the Government, the Ghana National Petroleum Corporation and Nuevo Ghana Inc to initiate exploration activities in the Accra/Keta Basin Area.
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