Ghana needs a constitutional court - Deputy Speaker
Retrenched
GNPC staff says severance pay is inhuman
Government seriously working on living wage
- Jake
Accra (Greater Accra) 27 March 2002 - The National Institution Renewal Programme (NIRP) is in the process of undertaking a full scale study to find out how much it will cost the government to pay a living wage of workers in the public service.
This is to facilitate the process and set the stage for the President’s call for the payment of a living wage to workers in the country. Mr Jake Obetsebi-Lamptey, Minister of Information and Presidential Affairs, disclosed this to “The Evening News” in Accra.
He was speaking against the backdrop of public comments that the President’s call for a debate on a living wage for workers was a political gimmick. Mr Obetsebi-Lamptey said government is really concerned about the current low-level salaries particularly in the public sector and pledged the commitment of the government to address the disparity.
He noted that although salaries and wages in the private sector are better than those in the public sector, government intends to let the exercise be across the board. According to him, the disparity in wages between private and public sector is huge, adding that, “the situation is not acceptable.”
He said the government would initiate steps to convene a meeting for the proposed debate to begin. The Information Minister said all recognised bodies and individuals would have to make inputs and show interest in the discussions to make the President’s dream of paying a living wage to workers a reality.
Mr Obetsebi-Lamptey said Ghanaians irrespective of one’s place of work go to the same market where prices are the same for all goods and commodities. “It will therefore not be proper to continue with the huge disparities in wages and salaries. “As a people, we have to decide what we want and where we want to go from here,” he said.
Mr Obetsebi-Lamptey said the success or otherwise of the programme would depend on the people of Ghana who have to change their attitudes towards work. He said Ghanaians cannot have a sound and modern economy in a situation where people approach official duties with extremely lukewarm attitudes to work. - The Evening News.
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Accra (Greater Accra) 27 March 2002 - The sole preserve of the Supreme Court to interpret the Constitution is not the best of arrangements for the country, Mr Freddie Blay, the First Deputy Speaker of Parliament has said.
He was speaking in an interview with “The Evening News” in Accra against the aftermath of the Supreme Court ruling on the Tsatsu Tsikata versus the Attorney-General. Mr Blay said the vesting of the power of interpretation in the Supreme Court alone, had saddled the nation with a constitutional problem, which the nation must learn to make do with.
The First Deputy Speaker said under the French and European arrangements such controversies on constitutional matters have been settled by a constitutional court. That court, he said is composed of representatives from the three arms of government the executive, legislature and the judiciary to decide on constitutional issues.
The First Deputy Speaker, who is also the Convention People’s Party (CPP) MP for Ellembelle, explained that Ghana’s mode of constitutional interpretation is modelled along the American system but “our country has moved steps further.” He said the present arrangement in Ghana where any individual could apply to the Supreme Court under Article 2 of the Constitution for an interpretation of any law vis-a-vis the constitution ought to be reconsidered.
Mr Blay therefore, suggested the setting up of a Constitutional Court to deal solely with such issues. That, Mr Blay said has the tendency of putting the Supreme court on the spot and under severe pressure when decision turns out to be controversial as Ghanaians are witnessing in the Tsatsu Tsikata versus the Attorney-General case.
He said the controversy the Supreme Court ruling generated could have been avoided. The so-called constitutional fracas is over a matter, which does not deserve the kind of attention it is attracting. Mr Blay said it tends to shake the Supreme Court itself and the judiciary almost to its foundations. He said the split decision which had led to serious division in the judiciary at its highest is not healthy.
On the controversy itself, Mr Blay said it is very peculiar in the sense that the judicial review is not related to a legislative Act or even an executive action. “Interestingly, it is related to the judiciary itself and its internal arrangement on procedure,” he explained. Mr Blay said it was the case of a judicial interpretation of a judicial act. He said that reinforces his contention that all the three arms of government should have the chance to determine the controversy.
Mr Blay described the attack on the judges ruling by people on all sides of the political divide as regrettable. The First Deputy Speaker said the judiciary is a human institution bound to make mistakes occasionally, but life should still go on. He hoped that whatever would be the outcome of the judicial review on the “Tsatsu Tsikata versus the Attorney-General’s” case, “the sky will not fall and Ghanaians must organise themselves and look forward.”
He said what the judiciary is currently involved in, forms part of the development of the nation and the people are learning from it. Asked about his views on the outcome of the review, Mr Blay said he would rather shy away from passing comments on the merits or otherwise of the case.
He, however, insisted that it is the right of the Attorney-General to go for the review if he was convinced since the law allow that. He advised that the Supreme Court, which he described as quasi-political, should shy away from provoking controversies that tend to sap too much energy of the court itself. Mr Blay said when that happens, the court opens the floodgates for unjustified attacks and savagery. He said the Supreme Court has its own mystique in the society and all Ghanaians should help to safeguard it.
Asked about the role of the Attorney-General in criminal prosecutions, Mr Blay said that outfit should be insulated from executive control so that its activities are not misconstrued as “a party in power persecuting its enemies.”
“A crime is a crime if even it is committed by members of the ruling government or the opposition,” he emphasized. Mr Blay therefore expressed his reservations about the directive issued by the President to the Attorney-General to stop all investigations and prosecution of Mr Tsikata after the Supreme Court ruling and the subsequent hullabaloo.
He said people might read political meanings into the actions of the President, saying if a person deserves to be investigated that should be done without people reading political meanings into it. - The Evening News
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Abekoase cyanide spillage - residents go to court
Abekoase
(Western Region) 27 March 2002 - The Abekoase Community has filed a suit
against Goldfields Ghana Limited (GGL) at Tarkwa High Court, seeking damages
for the cyanide spillage from its operations in October last year, which
polluted their sources of water supply and the environment.
The action
was initiated on behalf of the community by Nana Molobah Nyamikeh II, Samuel
Nyantekyi and Stephen Piedu who are being represented by the Centre for Public
Interest Law, an Accra-based legal firm. The plaintiffs claim that by the
pollution, the GGL has infringed on the community’s right to clean and healthy
environment.
They are
claiming payment of a prompt, fair and adequate compensation for their
sufferings. They also called for the appointment of an expert to ascertain the
environmental and health effects of the cyanide spillage on the community and
assess the value of damages to be paid to the community.
Furthermore,
the plaintiffs are seeking an order restraining the GGL from future pollution
of the rivers Asuman and Huniso. The plaintiffs are also demanding an
unspecified amount as cost.
In their
statement of claim, the plaintiffs said on October 16, last year, there was a
cyanide spillage from one of the pipelines in the containment facility within
the premises of GGL’s operation area into the two rivers, which serve as
sources of drinking water for the residents of Abekoase, Huniso and the
adjoining villages.
According
to the plaintiffs, the spillage also affected fish and other aquatic organisms
in the rivers, thereby making the community lose their sources of income and
protein. They said the GGL accepted the responsibility for the spillage and
proposed as compensation the setting up of a trust fund of ¢1 billion to be
managed by a board of trustees to promote the development of the communities
and to address related issues.
The
statement of claim said the community, however, rejected the proposal as
unacceptable on the grounds that it did not take into consideration the
physical, emotional and psychological sufferings of the residents. Besides,
they claimed the amount proposed for the trust fund is inadequate compared to
the damage to the natural environment and to human health in the long term.
They said
the ingestion of cyanide has long term health effects, and that there is a
likelihood of a higher rate of cyanide related diseases occurring in the
community in future.
The
plaintiffs said there have been complaints of sufferings, diseases and
infections by the inhabitants of Abekoase who came into contact with the
cyanide. “These inhabitants are suffering diminution in their physical health
as a consequence of the negligent actions and or omissions of the defendants.
Asuman and Huni rivers have been polluted by the spillage.”
The people
also aver that they have lost their sources of income and protein as a result
of the cyanide spillage, as fishes, crabs and others are now non-existent in
the rivers. – Daily Graphic.
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Accra
(Greater Accra) 27 March 2002 - The Leadership of the Ghana National Union of
Polytechnic Students (GNUPS) has agreed to suspend the boycott of lecturers by
the end of next week. This decision follows an agreement between the Ministry
of Education and interested groups to set up a committee to address the
grievances of the students.
Mr Dennis
Nartey, the Press and Information Officer of GNUPS, who disclosed this in an
interview, said the decision is contained in a draft memorandum, which is yet
to be signed by the parties involved in the polytechnic rumpus. He indicated,
however that both parties have begun the process of dialogue to find a lasting
solution to the problems facing the polytechnics.
Mr Nartey
explained that the committee, which will have representation from GNUPS and the
other stakeholders, is expected to look at the new performance grading system,
which makes 50 per cent a pass mark. It will also look at the issue of job
placement, academic progression as well as staff and infrastructural
development in the polytechnics.
At the
moment, he said, the ministry has agreed to examine their proposals, which call
for the upgrade of infrastructure, provision of adequate textbooks, lecturers,
computers and other needs. Mr Nartey said the committee will begin work as soon
as the draft agreement is signed by both parties, hopefully this week. “We want
to give the government the benefit of the doubt and therefore we have decided
to entrust our fate into the hands of the ministry,” Mr Nartey said.
In a
related development, the leadership of the polytechnic has described as
unfortunate a statement made by Professor F.O. Kwami, Chairman of the Ho
Polytechnic Council, at a forum at New Abirem in the Birim North District of
the Eastern Region. His statement was carried by the Graphic on Monday.
He was
reported to have said that the polytechnic students have no right to determine
the grading system in their institutions. “The leadership finds this statement
unfortunate because students are already aware that we cannot determine our own
grading system,” it said in a statement issued in Accra on Monday.
The
statement explained, “what the students are asking for are the necessary inputs
to make the new performance grading system, which set the pass mark at 50 per
cent achievable or attainable.” It also argued that various committees set up
to review polytechnic education never recommended a grading system of such
kind.
The
statement also denied claims by Prof Kwami that the students attempted to
invade the presidency and embark on a hunger strike contending that, “instead,
we went there to present a petition earlier sent through the Ministry of
Education on January 22, 2002 to the President.”
It said,
“it is our fervent hope that the general public would exercise restraint while
the leadership goes through the necessary processes in finding a lasting
solution to the issues at stake.”
Meanwhile,
the Director of Finance and Administration of the Ministry of Education, Mr
K.C. Appiah-Num, has lauded the leadership for the bold decision it has taken
to return to the classroom and expressed the hope that the students would
report for lectures before the end of next week.
He said
currently, there is infrastructural development going on in all the
polytechnics and appealed to all to visit these institutions and see things for
themselves. Mr Appiah-Num explained that the current grading system only
affects the first year students and that by the time they enter the second year
all facilities might have been upgraded to enable them to perform better. –
Daily Graphic.
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Accra
(Greater Accra) 27 March 2002 - The determination of the Ghana Police and the
security services to decipher and distinguish psy-ops will be sorely tested
today after they study a formal complaint from the publisher and editor of The
Crusading Guide, Mr Kweku Baako Jnr., believed to have been filed on Tuesday
night.
What some
figured may have been a hoax from a crank promising punishment and live
threats, gained harrowing credibility on Tuesday after Chronicle gathered
pieces of evidence and comments from Mr Victor Smith that confirmed that it is
no idle banter. Smith admitted on the mass audience leading station, Peace-FM,
that he indeed had helped draft a statement though he fell short of admitting
threatening anybody. He received a fusillade of bashing from the callers.
Two names
highlighted in the threat-Ms Margaret Amoakohene of the School of Communication
Studies and Mr Baako himself- are mentioned by name in the warning letter that
talks about the electoral strength and acceptance of President Rawlings with an
ominous warning about taking his name in vain.
There are
sufficient reasons to suggest that Smith, an unrepentant Spokesman of former
President Rawlings is the one who issued the threat and the NDC Media committee
Chairman, Mr Ekow Spio-Gabrah probably oblivious of the content or the author
of the threat has directly requested publicly that the law take its course.
Whether the police would balk at seizing the source of the threatening letter
for interrogation remains to be seen. - The Ghanaian Chronicle.
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Bekwai
(Ashanti Region) 27 March 2002 - The Circuit Court at Bekwai on Tuesday ordered
the arrest of a 24-year old man for posing as a lawyer. The court, presided
over by Mr Frank Manu, ordered the arrest of Kwadwo Amoah Ampem when he
appeared before it to defend an accused person in an arson case.
He had
appeared in court, neatly dressed in a black suit to defend an accused in a
dispute over the burning of a cocoa farm. The judge asked him to produce an
identification card to really prove that he was a lawyer, which he could not
do. He later asked him where he read law, but he could not answer that either.
The court then ordered his arrest and directed that he should appear in court
on 2 April 2002 for prosecution. – Daily Graphic.
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Esase
(Western Region) 27 March 2002 - The Esase Cocoa Farmers Union, an association
of cocoa farmers within the Sefwi Wiawso District, has appealed to the
government to stop the mass spraying exercise and sell the insecticides
directly to farmers.
The appeal,
according to the group, stemmed from the fact that only about 30 per cent of
cocoa farms in the area were covered during the three months spraying exercise.
At a meeting of cocoa farmers held at Esase, chaired by Nana Kwame Boah II,
Esasehene, the farmers praised the government for efforts at curbing the black
pod disease.
The group
urged the government to sell the insecticides directly to farmers through the
District Purchasing Officers to ensure the success of the mass spraying
exercise. It announced that a vigilante group had been formed to check the
activities of farmers who might indulge in cocoa smuggling.
The group
commended the government for the 41 per cent increase in the producer price of
cocoa, saying that it had boosted the moral of all cocoa farmers. “We are
working hard for Ghana to reclaim her past glory as the world’s leader,” the
group said. – The Ghanaian Times.
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Tamale
(Northern Region) 27 March 2002 - Gabriel Kwoa Bosso, 64, a Medical Assistant
at the Nakpanduri Health Centre, and his friend, Ayuba Kansuk, 37, a farmer,
were on Tuesday sentenced to death by hanging by the Tamale High Court for
murdering a woman who was seven months pregnant.
The two
were found guilty by a seven-member jury, presided over by Justice R.T.
Aninakwa, on charges of attempted murder and murder of Deborah Bigol, 30.
Presenting the facts of the case, Rexford Owuridu, Senior State Attorney, said
that on December 24, last year, the family of Deborah became alarmed following
her failure to return home after almost three days.
Her father
reported the case to the police and following a tip off, the two were arrested
but they denied knowledge of her whereabouts. However, the prosecutor said that
further investigations later revealed that Kansuk found Deborah’s body on the
bed of Bosso when he was cleaning the room. The two then decided to chop it up
into pieces and flush it into the water closet. They then collected the bones
into a box and buried them.
A
pathologist from the Baptist Medical Centre at Nalerigu and a police team
accompanied the accused persons and when the septic tank of the water closet
was opened, the decomposed pieces of the flesh were found. However, the
genital, breast, jaw and the foetus could not be found. The two pleaded not
guilty. – The Ghanaian Times.
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Accra
(Greater Accra) 27 March 2002 - One hundred and forty retrenched workers of the
Ghana National Petroleum Corporation has described their severance pay as
inhumane. The aggrieved workers have therefore petitioned the President, Mr
J.A. Kufuor, to come to their aid since government’s goal is poverty
alleviation.
The workers
who called at the offices of the ‘Times’ in their numbers said they were
contract staff at GNPC installations in Takoradi and Anyinase. Narrating their
story, they said they were notified of their package by a letter signed by the
Minister of Manpower Development and Employment.
The ‘Times’
gathered that senior staffs at the GNPC are entitled to three months salary for
every completed year of service in addition to 10 per cent salary adjustment
while the junior staff will take four months salary for every completed year in
addition to 25 per cent salary adjustment.
But the
contract workers, now redundant, have been offered one month salary for five
years completed services, two months salary for between five and ten years
completed services and three months salary for above ten years of service. In a
petition to the President, the workers maintained that they worked longer hours
yet took the same pay as the normal workers who are beneficiaries to the
Provident Fund and loans granted to employees of GNPC.
According
to them, these decisions were taken without consulting workers in the Tano
Basin. “How are we going to pay our children’s school fees with this meagre
amounts,” a worker lamented. They however, expressed the need for the President
to intervene in the matter.
The
petition also said, in the oilfield, the contract worker is ‘specialised hand’,
working and toiling at the extended period of 12 hours daily and sometimes
beyond. “We want the positive change to reflect in the pocket of the GNPC
contract workers,” they intimated. – The Ghanaian Times.
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