GRi In Parliament 30-03-99

Parliament Monday approved the nomination of Mr Justice Josiah Ofori Boateng and Mr Justice John Debra Sapong, as Justices of  the Supreme Court.  While the motion for Mr Justice Ofori-Boateng was by a vote of 95 to 30, that of Mr Justice Sapong was by 84 to 41.  The nomination of the Appeal Court Justices was however, opposed strongly by the Minority on account of their ages and ability to deliver. 

Their objections were more in respect of Justice Sapong who in their opinion, "lacks sufficient knowledge to advance the cause of jurisprudence and would in effect, work for only two months before retiring as the courts will go  on legal vacation soon.

 Mr Justice Sapong will be 70 years old in December this year, whiles Justice Ofori-Boateng is 68 years.old Article 145 (2) of the 1992 constitution fixes the age of retirement of judges of the Supreme Court at 70. However, such a judge has six months extension of duty as may be necessary to enable him to deliver judgement on cases pending before him The majority, on the other hand, argued that the two judges having worked for over 30 years have the expertise to deliver and should not be disqualified on account of their age. 

Mr Ken Dzirasah, Chairman of the Appointments Committee, in his report, said it was not sufficient to raise the issue of age against the judges, since the ages of the two were within the constitutional provision. He said Justice Sapong, as a Ghanaian, is able and willing to render service to his nation and is not disqualified under the law.

 ''In the opinion of the Appointments Committee, it will take more than a compelling argument, than the mere moral admonitions it has received, to reverse a situation that is clearly constitutionally valid and beneficial to Mr Justice Sapong''. 

Mr Dzirasah cited the case of the appointment of Mr Justice Quashie-Sam in the Third Republic on 1st October 1980, as a Justice of the Supreme Court, eight months before he was due for retirement. After reviewing the objections of the two nominees, the committee by a majority decision has recommended the approval of the nominees. 

Reacting to a confidential report by the Ghana Bar Association on the two judges made available to the House by the Minority Leader, Mr J. H. Mensah, Mr Dzirasah said it was unfortunate that GBA did not respond to the invitation to give evidence before the committee during the public hearing. He appealed to GBA to do so promptly next time. Led by, Minority Leader and Nana Akufo-Addo, Minority Spokesman on legal matters, the opposite side of the House contended that the appointment of the nominees would not lead to any significant development of the legal system.

 Since, they will be in office for a short time, they will not make any contributions that will lead to the expansion of the rights and freedoms of the people as well as the consolidation of democracy. Mr J H. Mensah said further that there was a need for the people to have unquestionable confidence in the courts. However, the nomination and appointment of the nominees would rather go against the image of the judiciary. 

''The image and reputation of the Judiciary has a lot to do with the rate of attracting investors into the country. We need people with a sterling quality to be on the Supreme Court'', he said. 

He said Justice Sapong, in his 30 years as a judge could not remember if he has ever written any report to the Ghana Law Reports, when he appeared before  the committee ''What contribution can he make to the development of the legal system; he is not a legal genius. He has not written any report and our objective is not to  enthrone mediocrity on the bench of the Supreme Court'', he added. 

Nana Akufo-Addo said the minority's objections are not personal but based on matters of principle of what they believe would lead to the enhancement of the legal system and good governance. Nana Addo expressed dissatisfaction with the way and manner the committee went about its work without sufficient information to enable members to make  informed judgement on the two nominees. 

The appointments of judges should be based on their professional conduct and not treated like ministerial appointments. Considering the ages of the nominees, he said, ''it will create the impression that their appointments are in appreciation to some work they might have done for the executive in the past. 

This perception is not good for the authority of the courts neither is it good for the development of the legal system and the constitution of the country.'' 

Nana Akufo Addo said the precedent cited in the Third Republic is not a good one because there is no evidence to prove that, Justice Queshie-Sam's appointment was of any benefit to the legal system and to the state.

 Papa Owusu-Ankomah, NPP-Sekondi, said Justice Sapong's failure to mention a single judgement of his that has been reported in the Law Reports, is an indictment on him and therefore, would be of no use to the Supreme Court. The appointment should not be seen as a reward for a job done nor as a political appointment ''Approval of judges to the Supreme Court should be on merit and ability, not on long service'', he added. 

Dr Kwabena Adjei, Leader of the House, argued that the President makes nominations in consultation with the Council of State and on the advice of the Judicial Council. Both bodies, made up of people with varied and knowledgeable backgrounds  had no objection to the age of the nominees. They should therefore not be disqualified on account of their ages. Besides, the constitution, among other things, state that nominees to the Supreme Court should have high moral character, proven integrity and must work for at least 15 years as a lawyer.

 The nominees satisfy all of the above and should therefore be approved, he added. Alhaji Muhammad Mumuni, Minister of Employment and Social Welfare, said it was unfortunate that in raising objections to Mr Justice Sapong, the minority  failed to acknowledge his ''austere discipline'' which some lawyers found difficult to cope with, hence their dislike for him as a judge. When the question was put the vote was carried.

Accra (Greater Accra) 30 March

 Parliament under a certificate of urgency on Monday approved 6.774 trillion cedis for the various ministries, agencies and departments, to carry out the service of government for the 1999 financial year. 

The House, by a resolution, approved the withdrawal of 1.299 trillion cedis from the consolidated fund, last year, to meet the expenditure necessary to keep  government machinery going for the first quarter of 1999 which ends on March 31.

 The 1.299 trillion cedis are included in the total amount of 6.774 trillion cedis indicated in the appropriation bill submitted by the Ministry of Finance.In a motion for the approval, the sector Minister, Mr Kwame Peprah said the bill was seeking legislative backing to enable the spending agencies to withdraw the money to carry out government business.

 It is the intention of the government to improve the efficiency of the ministries, departments and agencies to enable them to raise more revenue so that they could get adequate budgetary allocations to support their operations. In its report, the Parliamentary Finance Committee noted that 38.64 billion cedis have been earmarked as Contingency Fund in accordance with Article 177 of the Constitution.

  The ministry is required by Article 177 to seek parliamentary approval for any vote required from the Contingency Fund. The Committee therefore urged that the Ministry of Finance should strictly  comply with the provision The Ministry was also urged to ensure that budgetary allocations of  approved estimates are released on time to the ministries, departments and agencies under them so that government objectives, activities and targets can be met.The report reminded all ministries that the budget, operating under the Medium Term Expenditure Framework (MTEF), requires them to submit quarterly performance reports to their respective subject matter Parliamentary committees for appraisal. 

The Minority Leader, Mr J.H. Mensah, acknowledged the sector ministry's efforts at improving budgetary procedures and called for an agreed format for the presentation of budgetary proposals to Parliament. Winding up, the Minister gave the assurance that the ministry will try to match revenue with expenditure to ensure timely releases of the appropriation bill.

Ghana will be elected to chair the African Region Commonwealth Parliamentary Association (CPA) during the Africa regional conference slated for Accra in August this year.

"We shall then be in a position to promote the re-admission of Nigeria into the Commonwealth at the CPA conference to be held in September in Trinidad and Tobago", Mr Justice Daniel Francis Annan, the Speaker, told parliament on Tuesday in his closing remarks. The House has adjourned sine die.

Parliament would also host a conference of Speakers from West Africa in the first week of May this year.

Mr Justice Annan said the Speakers conference has attracted the support and patronage of speakers from all countries in the sub-region except Nigeria. Mr Justice Annan explained that the newly elected government of Nigeria will not be in office at the time of the conference. "However, we will see if it will be possible for Nigeria to send a delegation to the conference", he said.

Forty-seven sittings were held during the first meeting of the Third Session of the Second Parliament that closed on Tuesday. Mr Justice Annan commended members for their perseverance and commitment to duty that has seen the house achieving a lot during the meeting. "Each and everyone should rejoice because you have distinguished yourselves well by letting good reason to prevail during "the debates which were enriched by your professional experiences.

"I pray that the spirit of consensus and maturity that has characterised the work of the house should continue to guide all of you for the development of Mother Ghana", Mr Justice Annan added.

The speaker congratulated the New Patriotic Party (NPP) for winning the Ablekuma Central seat during last weeks bye-election as well as all political parties for taking part in the election.

The seat became vacant after the death of Mr Clement S. Crabbe in February this year.

"I look forward to the official out-dooring of the new baby of the house during the next meeting," he said.

Mr Justice Annan commended the Parliamentary Press Corps for their comprehensive reports on proceedings in the house as well as the staff of Parliament.

Dr Kwabena Adjei, Leader of the house said the meeting had been a hectic one characterised by vibrant debates.

He said "even though it is said that the minority will have their say and the majority will have their way, this has not been the case for the majority always".

The majority, have not had it easy because the minority in most cases "punched holes in the sail of the majority".

The minority "say", he said, has gone a long way to promote the development of parliamentary democracy in the country.

Dr Adjei expressed his appreciation to the Speaker for his "indefatigability" and the leadership of the minority for their support and co-operation.

Mr J. H. Mensah, minority leader, described the meeting as "a fruitful and productive one" adding that it was a pity that the house was unable to welcome the new member before adjourning.

Quoting from the Book of Jeremiah, he said the house after mourning the loss of a member, is now rejoicing with the election of a new one and thanked all members for their support especially to the family of the late member during the funeral.

He said "the President's sessional address was the beginning of the end of an era" which has been confirmed by the results of the by-elections.

"For the people of the Zongos to vote for the NPP is one aspect of the change that the politics of the country is going through", the inority leader said.

Mr J. H. Mensah urged parliament to live up to expectation by guiding the country into a "post Rawlings era".

During the 47 sittings, the house passed five bills including the Institute of Professional Studies Bill, National Road Safety Commission Bill and the Appropriations Bill.

The house thanked the President for his Sessional Address, debated and approved the budget for the year.

Ministers answered 65 questions. There were 12 statements and 20 papers were laid including legislative instruments, loan agreements and the Auditor General's report.

In all, 50 motions were moved during the meeting as well as adoption of six resolutions. The house select and standing committees held 162 sittings and presented 41 reports.

Accra (Greater Accra) 30 March

Mr Kwame Peprah, Minister of Finance, on Tuesday denied in Parliament that his ministry failed to release funds approved by parliament to various ministries and departments even "when revenue targets are exceeded.

On the contrary, there was a revenue shortfall of 3.7 per cent last year as indicated in the budget.

The release of funds is dependent on tax inflows and the ministry can only release funds when there is enough money in the consolidated fund, Mr Peprah told Mr Hackman Owusu-Agyemang, NPP-Juaben North.

Mr Owusu-Agyemang had asked Mr Peprah why the ministry of finance has persistently failed to release budgetary allocations approved by parliament for various MDAs even under situations of exceeded revenue projections and how does he justify this blatant non-compliance of these parliamentary approvals.

Mr Peprah explained that the shortfall in revenue estimated for last year was 3.621 billion cedis while the provisional out turn was 3.338 billion cedis.

On expenditure, the estimate was 5.005 billion cedis while the out turn totalled 4.383 billion cedis. The estimated overall balance was 1,032.0 billion cedis while the provisional out turn was 1,048.7 billion cedis.

"This indicates that the estimates were not achieved, hence the inability of the ministry to deliver".

Mr Peprah acknowledged that CEPS and IRS may exceed certain targets but "this does not imply that all revenue targets have been met or exceeded.

He disagreed with Dr Konadu Apraku, NPP-Offinso north, that "the shortfall is due to unrealistic projections", adding revenue inflows do not always coincide with the release of funds.

When it is time to release funds, statutory allocations get the first preference.

He told the House that arrears exist in any budget system which are occasioned by factors other than revenue shortfalls.

He agreed with Mr Owusu-Agyemang that non-release of funds, especially government counterpart funding for certain projects, have had negative impact on those projects.

But, Mr Peprah said it is better for the government not to release funds it does not have than to resort to borrowings to pay the deficits.

Papa Owusu-Ankomah, (NPP-Sekondi) then asked the minister what is the probability of his ministry ever achieving a target of six trillion cedis when it could not achieve two trillion cedis last year as well as those for the past five to six years.

Mr Peprah replied that the six trillion cedis includes revenue inflows from donors and the internally generated portion of the revenue is just a little more than last year's projection of two trillion cedis.

Accra (Greater Accra) 30 March

Parliament on Tuesday passed a bill seeking to establish a Driver and Vehicle Licensing Authority for the promotion of good driving standards and road worthiness for road safety.

The bill also introduces private sector participation in vehicle testing.

A memorandum accompanying the bill said the Authority which will replace the Vehicle, Examination and Licensing Division (VELD) of the Ministry of Roads and Transport, will serve as the licensing as well as the regulatory agency for drivers and motor vehicles.

In its report, the Select Committee on Roads and Transport, noted that Ghana is known to have a poor road accident record with high fatality rates.

The report said, among the causes of road accidents are the bad conditions of many of the vehicles that ply the roads and the low standard of driving.

It said the VELD, which is charged with setting and maintaining standards for driver licensing and determining the roadworthiness of vehicles, has been unable to deliver .

To address the situation, the report said, Cabinet adopted a policy reform to restructure VELD to make it semi-autonomous and self- financing public sector organisation, well-equipped with the necessary human and institutional capacity to perform.

The report said the bill therefore, is one of a package to legislate the reforms into law.

The Committee expressed appreciation for the policy reform and institutional overhaul introduced by the bill as a means of reducing the high rate of fatality rates on the roads.