Business News of Thursday, 10 July 1997

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Victory For Democracy, House Resolves Impasse

Accra, July 8, Parliament today unanimously reviewed its February 14 resolution on retained ministers, with all 175 members present agreeing that ministerial nominees need prior approval of the house. This followed the adoption of a motion for the review moved by the Majority Leader, Mr J. H. Owusu-Acheampong and seconded by the Minority Leader, Mr J. H. Mensah. This means that henceforth, any person, an incumbent minister or fresh appointment, made by the President for ministerial position would have to appear before Parliament for consideration and approval. The resolution was not clear about the position of retained ministers affected by the February 14 resolution. However, both sides were optimistic that their presence in the house would no longer provoke walk-outs. The February 14 resolution reads: "if a person has been appointed a minister or deputy minister with the approval of parliament and as an incumbent minister or deputy minister, he is retained by the president, it shall not be necessary for parliament to give another approval of such a minister or deputy minister." This resolution and the subsequent retaining of certain ministers fuelled a legal battle at the Supreme Court prompted by the minority who questioned the ministerial mandate of such ministers, The minority argued that the mandate of all ministers of the first administration of the president expired by January six this year and staged at least five walk-outs to avoid doing business with the ministers in the house. Moving the motion, Mr Owusu-Acheampong recalled factors that went went into the packaging of the February 14 resolution, which adopted the American system where ministers approved by a previous congress are retained. He cited the series of walk-outs staged by the minority and said the resolution was being reviewed because of the turn of events which was not giving the house a collective credibility. ''We, on this side, as well as the Speaker, were worried about the unfortunate turn of events and we felt something must be done to correct the situation.'' He said the leadership had held consultations which lasted for about two weeks in search of a middle way, hence the motion. Using the Akan proverb "ti kor nko egyina" (two heads are better than one), Mr Owusu-Acheampong commended the negotiating team of both sides for their co-operation. He said the nation should be proud of the unity being enjoyed from both sides of the house. ''We should be proud of it because in some parliaments in some countries, the opposition is normally given only a scanty sort of attention. The opposition is sometimes even beaten up and thrown out of Parliament,'' Mr Owusu-Acheampong said to an uproar from the floor. The majority leader said the government bench have been so magnanimous and friendly in their dealings with the opposition. ''...We co-operate with our brothers and sisters on the other side of the house to the extent that when they decide to walk out, they walk out in peace and even dance as they walk out.'' Mr Owusu-Acheampong described the negotiations to resolve the crucial issue with a consensus as history that should be placed on record in the interest of the nation. ''This is just to indicate to the world and to the nation that we are here together to do good business for our people,'' he added. Seconding it, Mr Mensah said the compromise motion to resolve the impasse over retained ministers should be seen as a victory for the House. "It is a victory for Parliament that the leadership has been able to guide us to a principled, but also politically viable solution." By the motion, the House was making an important contribution towards consolidating the rule of law and the new democratic order in Ghana. The minority lauded the courage of some members who took active part in reviewing an earlier resolution they had spearheaded to confirm hold-over ministers without their appearing before the House for consideration. " .. Se ye wirefi, na ye san kofa, a yenkyi," (it is not an offence to return for what you have left behind) Mr Mensah said in Akan adding, these members are wise to have changed their minds after realising that they had erred. He thanked the Supreme Court for its guidance on the matter but said members of the house had had to feel their way around some of the legal and logical loopholes which the court left behind. This notwithstanding, he said, the court had been unambiguous about the principal points in the issue that the President needs the express permission of Parliament in each term in order to appoint anybody as a minister or a deputy minister. Anybody who purports to act as minister without approval of Parliament is in breach of the law, he said, adding Parliament cannot be haughtily disregarded or trampled upon on this matter. Mr Mensah said today's resolution is the first instalment in the effort of the leadership and Members not just to comply with the law and the court's guidance but to be conspicuosly and conscientiously seen to be so complying. Mr Mensah said with the resolution, his side has learnt that Parliament is not a place where fundamental principles will be brutally settled by dictatorship of the majority but rather on their merits. He said they have also realised that the House would not allow itself to become a rubber stamp for ratifying the wishes of the Executive but will accept its independence and authority as the first estate of the realm charged with the custody of moral and political values of the sovereign people. "What is right is right, what is wrong is wrong. And Parliament will make its judgement without fear of undue partisan preoccupation," the minority leader declared amid cheers from his bench. Other contributors included Nana Akufo Addo, minority spokesman on legal and constitutional affairs and Mr Alban Bagbin, deputy Chairman of the Committee on subsidiary legislation. Nana Akufo Addo said it was important for both sides of the House to take steps to resolve the issue because other African countries are looking up to Ghana as a role model in democracy. He said the motion was historic for the fact that Parliament in its own wisdom was correcting its own decision, adding "it is a victory for the rule of law." Nana Akufo Addo said as much as he agrees that there are other avenues for scrutinising the conduct of Ministers, it is the exclusive right of Parliament to approve such ministers into office. Parliament does not share this power with any other body, he added. Mr Bagbin, who is also the Vice Chairman of the Appointments Committee that came out with the February 14 resolution, said he was sad when events did not turn out well. However, he said, he was happy that he had been part and parcel of the solution to the impasse. "I'd like to admit that in the course of practising democracy, one had erred." Mr Kojo Armah (PCP-Evalue Gwira), expressed happiness about the initiatives by the leadership of both sides to resolve the impasse. He considered it unfortunate that some senior government officials misunderstood the minority's call for parliamentary approval for ministers as an attempt to witch-hunt some ministers. He said the call was only to ensure that the executive is made up of good ministers who can deliver the goods. Mr Armah said by today's motion, the House has proved that it is responsive to the rule of law through consensus-building and hoped such conflicts would not arise again. Mr Justice D.F. Annan, Speaker, said he agreed with sentiments that the motion was not a victory for a particular side but for all. "It is a victory for Parliament, democracy and common sense," Mr Justice Annan said, adding that the House should take full credit. He asked Members to put the past behind them and look forward to the future. He exhorted them to always speak with one voice and thanked the leadership for the enthusiasm and vigour with which they worked to arrive at the consensus. Mr Justice Annan admitted that he also "played a small role" in making sure that the motion was acceptable to all.