Parliament endorses legislation on public utilities complaints procedure
Accra (Greater Accra), 3 March 2000
Parliament on Thursday endorsed a legislation by the Public Utilities Regulatory Commission (PURC) seeking to introduce a complaint procedure mechanism in respect of a service provided by a public utility.
The Public Utilities (Complaints Procedure) Regulations, 1999 L.I. 1665, which takes effect on 2 March 1999 comes under the powers conferred on the Commission through sections 30 and 48 of the Public Utilities Regulatory Commission Act, 1997 (Act 538).
The legislative instrument, among other things, provides for a form of complaint procedure, initial settlement and formal hearing of such complaint, and prescribes penalties for offences under the regulations.
The L.I. 1665 provides that any person may file a complaint, either written or oral, concerned with a service provided by a public utility to the PURC.
It said that where a complaint is made against a person, the Commission shall cause a copy of the complaint to be sent to the person against whom it is made within seven days from the date of receipt of the complaint.
The person against whom the complaint is made shall within five days from the date of receipt of the complaint or such further period as the Commission may specify submit a response to the PURC.
The Commission shall after this make a preliminary enquiry into the complaint and if it considers that the complaint may be mediated upon and settled, it shall invite parties concerned and initiate a settlement.
If, however, the complaint cannot be settled, the Commission shall follow the procedure for a formal hearing.
The L.I. said that a complainant may withdraw a complaint after it has been submitted to the Commission but such withdrawal shall not limit the right of a complainant to file the complaint subsequently.
Under the legislative instrument, the Commission may, under Act 538, apply to the High Court for the enforcement of its decisions or directions.
On offences, the instrument provides that no person or public utility shall obstruct or refuse to co-operate with the Commission in the performance of its functions under the regulations.
Any person who contravenes this provision commits an offence and is liable on summary conviction to a fine not exceeding five million cedis or imprisonment for a term not exceeding one year or both.
In the case of a continuing offence, an additional penalty not exceeding 100,000 cedis in respect of each day on which the offence continues after the conviction may be imposed on the person.
The L.I. said where the offence is committed by a public utility, which is a body corporate or by a partnership or other firm, every director or officer of that body corporate or any member of the partnership or firm or other person concerned with the management of the public utility shall also be guilty of an offence.
Such body corporate, partnership, firm, every director or officer of that body corporate or any member of the partnership or firm or other person concerned with the management of the public utility, shall on conviction, be liable to a fine not exceeding 10 million cedis and shall in addition be liable to the payment of compensation for any damage resulting from the breach.
The instrument said any of these specified groups may be exonerated if it proves to the satisfaction of the court that it exercised due diligence to secure compliance with the provisions of Act 538, and the offence was committed without its knowledge, consent or connivance.
In its report, the Parliamentary Committee on Subsidiary Legislation, which considered the legislative instrument, expressed satisfaction with the propriety and efficacy of the regulations, saying they are also in line with internationally accepted practices.
The MPs, in their intervention, said the L.I. is an important legislation since it will help address some of the common complaints through its complaint and settlement mechanism.
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Accra (Greater Accra) 3 March 2000
Parliament on Thursday passed this year's budget after two-weeks of debate, with a voice vote.
The Minority had sought to throw overboard the budget. The debate was characterised by a display of party loyalties with all the Minority members who contributed condemning it while the Majority praised it.
Mr J.H. Mensah, the Minority Leader, alleged that the government has been paying deaf ears to opinions of professional groups and think tanks on the budget.
" If they do not listen to these professional bodies and plug their ears, they will lead this nation to doom."
He described the budget as having "a pie in the sky " projections that offered no support for the realisation of the Vision 2020.
The Minority leader said instead of the government watching its spending habits and cutting on waste, it is rather producing a " trilogy" in the name of gold, cocoa and crude oil to justify the poor showings of the economy.
He said, "the Vision 2020 now has a cataract in one eye and glaucoma in the other" because of unsound economy policies.
Mr Mensah accused the government of offering job places for its party supporters in the name of poverty alleviation programmes.
The Sunyani East member said is was pitiful that President Rawlings did not offer a good budget this year, which is supposed to be a farewell one.
Dr Kwabena Adjei, the Majority Leader, countered that the Minority has so far failed to live above "student cafe political debate".
He said their arguments were not backed with " principles of equity and rationality"
The leader of the House said, most opponents of the budget seem to be myopic of the social and physical developments taking place and arguing on preconceived grounds.
He said it was unfortunate that people, who are supposed to make objective analysis of national programmes, were making their cases on party lines.
He warned that if intellectuals allow themselves to be tempted by irrationality to make arguments, the government would not find it fit to accept them.
Mr Kwame Peprah, Minister of Finance, winding up, said the Minority has described the budget as hopeless because it could not offer them any political loophole to deceive the people.
He said they deliberately grossed over vital indicators and made their own arguments.
" It is fact that sometime ago, one tonne of cocoa could buy 160 barrels of crude oil and now one tonnes buys only 27 barrels."
He said NDC supporters are seen to be getting most of the facilities offered under the Poverty alleviation programmes because naturally, they are in the majority.