Konongo Railway Station to have a new look
Constitutional (Amendment) Bill gets first reading
Kejetia rehabilitation will be completed next year
Constitutional (Amendment) Bill gets first reading
Accra (Greater Accra) 10 Nov. '99
The Constitutional (Amendment) Bill, seeking to amend the constitution in order to accelerate the disposal of cases before the Superior Courts was passed through the first reading in Parliament on Tuesday.
The bill will provide that regional tribunals have the same jurisdiction as the High Court in criminal matters, unless otherwise specifically provided in the constitution.
The bill provides for the amendment of Article 199 of the constitution, which deals with the retirement age of public officers- to enable Parliament to provide an Act of Parliament for earlier retirement of officers in some public services where the nature of work so justifies.
The memorandum to the bill said one of the sources of delay related to disposal of court cases can empirically be attributed to appeals made against decisions or orders of the high court or regional tribunals, which are not final decisions or orders of the High Court or regional tribunals.
It has also been realised that the right to the courts for redress is guaranteed by the constitution but this right, like all other rights in the constitution, must be exercised within reason.
It could certainly not have been intended by the constitution that the exercise of right to appeal should be used to cause delay in the prosecution of cases before the courts.
The bill proposes that the right of appeal should be limited to "final judgement, decree or order" of the High Court or regional tribunal, and appeals that challenge the jurisdiction of the court.
Whether the High Court or regional tribunal has jurisdiction to deal with a case or matter before it, is fundamental, an appeal on this should go to the court of appeal.
It is the considered view of the government that it is only when the High Court or regional tribunal has given a final decision or order that finally disposes of the cause or matter before it, or where the jurisdiction of the lower court is challenged, that appeal should go to the Court of Appeal as of right.
On the retirement age of public officers, the voluntary retirement age is set at 45, and that remains the same.
However, government has realised that some of the public services entail rigorous and physical work because of the very nature of the activities of the services, specifically, the security services.
Putting the compulsory retirement age at 60 years has compelled some of the services to keep officers who during some years immediately before 60 are hardly able to cope with the rigorous work required of them.
Indeed, until the compulsory retirement age was fixed at 60 by the constitution, most of the security services had by law a mandatory retirement age of 55.
The Constitution (Amendment) Bill authorises Parliament to decide by an Act the appropriate compulsory retirement age for the various public services.
However, the government realises that no compulsory retirement age should be below 50 years since most people can do considerable hard physical work at that age, according to the memorandum.
A loan agreement, a ratification of a World Trade Organisation (WTO) Protocol and the Ghana Road Fund 1998 Annual Report and Accounts were laid before the House.
The loan agreement is for 11.5 million dollars from the International Fund for Agricultural Development (IFAD) for the second phase of the Upper East Land Conservation and Small Holder Rehabilitation Project (LACOSREP II).
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Kejetia rehabilitation will be completed next year
Accra (Greater Accra) 10 Nov. '99
The Kejetia rehabilitation project, which began in 1990, is expected to be completed by the end of January next year, Mr Steve Akorli, Deputy Minister of Roads and Transport, told Parliament on Tuesday.
He said work on the project was 80 per cent complete by the end of October.
The Deputy Minister attributed a number of factors to the delay of the project, which should have been completed by the end of December 1998.
Mr Osei Kyei-Mensah-Bonsu, NPP-Old Tafo/Suame, had asked why the project scheduled for completion in December 1998, could not be completed.
Mr Akorli explained that the process for re-awarding the contract to Limex-Bau, a German company for completion by the end of December 1998, contributed to the delay.
Besides, there were administrative problems associated with co-financing by the government, the World Bank and the Organisation of Petroleum Exporting Countries (OPEC).
There was also the problem of cash flow, resulting from the change of contractors and the closure of the International Development Association (IDA) credit line and the extension of the OPEC credit.
Mr Akorli said, however, that "these problems have been contained and the contractor is now making tremendous progress", adding that the Kumasi Central Market rehabilitation, which is part of the Kejetia Redevelopment Project, has been completed.
Mr Akorli also indicated that the rehabilitation of Obuasi town roads, estimated at 16.406 billion cedis, would be completed by 31 March, next year.
The original completion date of the project, which was started in March 1996, should have been 30 September, 1998, but this could not be met due to delays in payments for certified work done by the contractor within the 90 days as specified in the contract, he said.
Mr Akorli was responding to a question by Mr Anthony Boadi-Mensah, NPP-Obuasi, who wanted to know the reason for the delay and the amount so far, expended on it.
The delay in payments has affected the contractor's cash flow and his ability to acquire inputs for the work.
He said the delay has also been caused by the relocation of utility lines for the Ghana Water Company Limited (GWCL) and the Electricity Company of Ghana (ECG), additional works of stone pitching and concrete laying, as well as the excessive rainfall this year.
Mr Akorli said to ensure that the revised date of 31 March, is achieved, "payments for the project will now be made from the Road Fund to improve the contractor's cash flow."
Mr Akorli said to date, the contractor, Limex Bau, has been paid 6.728 billion cedis, leaving an outstanding payment of 1.950 billion cedis and that about 68 per cent of the project has so far been completed.
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