Government makes it impossible for us to support its budgets-Kan-Dapaah
Accra (Greater Accra), 2 March 2000
Parliament on Wednesday threw out a Legislative Instrument (L.I) on the membership of Regional Houses of Chiefs, initiated by the Executive, describing it as unconstitutional.
The MPs said that if the House passed the Chieftaincy (Membership of Regional Houses of Chiefs) Instrument, 2000, L.I. 1666, it would create more problems rather than enhancing the institution of chieftaincy.
In its report on the L.I., the Parliamentary Committee on Subsidiary Legislation noted that it was clear that the introduction of the instrument was unconstitutional and illegal, since prior advice of the National House of Chiefs was not sought, as demanded by Article 272 (a) of the Constitution.
The Committee was also of the view that there are other 'weighty' constitutional obstacles to the passage of the instrument, the principal one being the issue of whether or not the President possesses the powers that he purports to have in initiating the instrument.
It said it would appear that there is a potential conflict between the Chieftaincy Act, 1971 (Act 370) and Article 274 (2) of the Constitution.
Section 6 (2) of the Chieftaincy Act states that "each Regional House of Chiefs shall consist of such members as may be specified in relation thereto by legislative instrument made by the President".
Article 274 (2) of the Constitution, however, provides that "a Regional House of Chiefs shall consist of such members as Parliament may, by law, determine".
The report said the Second Republican Constitution, under which Act 370 was enacted, was silent on the point, as it did not contain an equivalent provision.
The report said there would seem to be inconsistency between the Constitution and the statute as to whether the President or Parliament should initiate legislation in this area.
It noted that an issue of constitutional interpretation would arise as to whether or not the statutory provision is in conflict with the Constitution. If it is in conflict, then the President's exercise of power would be unconstitutional and the instrument 'fatally flawed'.
The Committee said the only entity that could make an authoritative determination of such an issue is the Supreme Court, especially because L.I. 1666 would have been the first instrument to be made under the Act in a constitutional era.
All previous instruments were made in the periods of military rule.
"For the moment, it is our view that no such recourse to court is necessary, since the introduction of the instrument without the prior advice of the National House of Chiefs on its contents has rendered the introduction unconstitutional.
"The principal duty of the Committee is to ensure that subsidiary legislation conforms to the Constitution and the statute under whose authority it is made.
"If it does not, as this instrument does not, it is the responsibility of the Committee to recommend its annulment to this House. It has no choice in the matter", the report said.
The Committee noted that there are other important considerations, not of legal but of a practical nature, which buttresses its recommendation for annulment of the instrument.
There would appear to be several serious objections to the actual composition of the Regional Houses of Chiefs, especially the Volta Regional House of Chiefs.
The report said certain chiefs have been left out, who should apparently be included adding, "there are petitions pending before the Committee, which threaten to transform it into a chieftaincy tribunal determining the rights of chiefs, clearly an undesirable development".
It quoted a solicitor for a petitioner to the Committee as saying that the exclusion of several chiefs from the list set out in L.I 1666 will lead to the Committee being inundated with petitions.
"The offending L.I. 1666 is a veritable time-bomb with a very short fuse."
The report recommended that in accordance with Parliament's Standing Order (3) (b) the subject matter of L.I. 1666, is an issue that should more properly be dealt with in an Act of Parliament.
It urged that in accordance with Order 167 (2), the issue of who should initiate legislation in this area - President or Parliament - should be clarified before a new legislation is submitted to the House on the matter.
The report further recommended that in accordance with Article 11 (7) (c) of the Constitution, the House annuls the legislative instrument prior to March two, when it shall otherwise come into force.
Earlier, Dr Kwabena Adjei, Leader of the House, laid before Parliament two constitutional instruments on the Ghana Armed Forces.
They were the Armed Forces (Amendment) (No.1) Regulations, 2000 C.I. 27, and Armed Forces (Amendment) (No. 2) Regulations, 2000 C.I. 28.
GRi
Accra (Greater Accra), 2 March 2000
The Minority in Parliament on Wednesday said the government always makes it impossible for them to support its budget statements because they contain unrealistic targets.
"This year's budget is a tool of deception that raises false hope", Mr Albert Kan Dapaah, NPP-Afigya Sekyere West, said.
The Member, who was contributing to the debate on this year's budget, said the whole document could best be described as "a product of tired and exhausted brains".
He said the budgets presented in the life of the present Parliament have failed to address the issues of job creation, poverty alleviation and general growth of the economy.
The Member cautioned the government not to be carried away by the praises hailed on it by the donor community and international banks for turning the economy around.
"These institutions are in business to make money and will, therefore, lure any customer to borrow more money provided their terms can be accepted".
Mr Kan-Dapaah queried the government for having a poor sense of direction and prioritising.
He would not accept the 5.8 billion cedis allocated to tourism, 174.9 billion cedis for agriculture out of which 113 billion cedis is expected from donor sources and the 71 billion cedis for trade and industry, that is also depending on a 52 billion-cedi donor assistance.
"If tourism is supposed to lead the economy into the future, agriculture the most influential of all, and trade and industry, which is to be the base of the economy, then where is the sense of priority."
On a point of clarification, Mr Moses Asaga, a Deputy Minister of Finance, said those allocations were made because the government sees those areas as private sector-led and government is supposed to be the facilitator.
Mr Kan Dapaah called on the government to rest for "a better government" to take control because it has failed to deliver.
Mrs Margaret Clarke Kwesie, NDC-Ga South, said the ruling government should not be queried alone for the spate of corruption in the country because it is a problem that all governments in the country's political history have grappled with it in vain.
She called on all Ghanaians to help in the eradication of the canker.
Mr Francis Kwasi Bour, NPP-Offinso North, blamed the spread of AIDS on the harsh economic environment in the country.
He said many people have commercialised sex because of poverty.
The Member said the budget should have taken due cognisance of the disease because it could have serious consequences on the development of the country.
Mr Emmanuel Baah-Danquah, NDC-Asutifi North, lashed at Dr Kofi Apraku, the Minority Spokesman on Finance, for calling for the cutting down on the provision of basic infrastructure for rural communities.
Ms Theresa Ameley Tagoe, NPP-Ablekuma South, on a point of correction said Dr Apraku was alluding to the waste in the system and not the expenditure on basic amenities per se.
Mr Baah-Danquah continued that the government would not fail to provide rural communities with infrastructure that will make life comfortable for them.
GRi