Tuesday 17 January 2017

ARTICLE 71 - A DRAIN ON GHANA'S RESOURCES.

Article 71 is a provision of the 1992 constitution of the Republic of Ghana that deals with
emoluments and salaries of certain public officers. This category of office holders comprises the top brass - the "pseudo" servants class of the country. It includes, the three arms of government, ie, the executive (the president, vice-president, ministers etc), the legislature (the speaker of parliament, deputy speakers of parliament, members of parliament and/or members of parliament with ministerial portfolios) and the judiciary (the Chief Justice and Justices of the Supreme Court).

There have been numerous committees for article 71 office holders in the fourth Republic. These committees are set to look into their welfare as they are considered to be selfless servants of the state. The ones I can readily mention are the Chinery Hesse committee set up by president John Agyekum Kuffour, the Ewurama Addy committee by Prof. John Evans Ata Mills and most recently, the Prof. Francisca Dora Edu-Buandoh committee by president John Dramani Mahama. This particular committee's report was ready in September, 2016, but, because of the political heat of that moment, it did not receive attention in the media and hence, most members of the public were unaware of its content.

It is interesting to note that, none of these committees has ever recommended a reduction in the emoluments, salaries and retirement packages of these article 71 office holders. They have always recommended upwards adjustments of their end of service benefits. This has necessitated a lot of concerned citizens of Ghana to wade in the discussion of this issue. The echoing voices on this topic have been that of resentment, repulsion and remonstration. 

In my mushroom mind, I think, most of the pegs that come with the retirement packages are clear wanton dissipation of the nation's resources, complete extravagance and a cheat against the poor tax payer. In this write-up, I intend to zero in on, the president's retirement benefits and find out, with all humility and reflection, whether the demands of our immediate past president, is in good faith, whether his request to have the official residence of our vice-presidents is indeed, a need, or a perfect case of greed. 

Even though, the several committees have always increased the emoluments and salaries of these public office holders, members of parliament have at all times disagreed and rejected their recommendations, especially when they feel that, these recommendations do not meet their expectations. They have on several occasions, forced incumbent presidents to yield to their whim, caprice and avarice. For example, when Prof. Atta Mills rejected the Ewurama Addy report on emoluments and salaries of article 71 public office holders, because, Ghana's economy did not have the wherewithal, parliament forced him to implement it, though, not to the latter. For instance, up to date, former president Kuffour is yet to be given, after eight years, the two houses - one in Accra and another in a place of his choice outside the capital. Not withstanding the above, some of these office holders bagged home colossal ex-gratia packages and in the case of the speaker of parliament - Hon. Begyina Sakyi Hughes, ripped off and emptied his office and residence including even the flower pots. Hmmm! Was this action a complete loss of sanity or humanity?

Similar thing happened when the Prof. Dora Edu-Buandoh's committee 's report was sent to parliament. Though, the government accepted the report, members of parliament rejected portions of the committee's report. Especially, recommendations that had direct bearing on their benefits, such as, the percentage increments, salary relativity, ex-gratia and provision of residence for the president. Instead of parliamentarians to receive 60% of the president's salary, they pushed for 78% of the president's. Again, instead of the 10% backdated  increase in the president's salary and 40% of his salary to be used to carter his rent bills, parliament amended it or reversed it to the Chinery Hesse's recommendations of 2005. Among other benefits the Prof. Edu-Buandoh's report mentioned as part of the former President's retirement package are, a state-provided staff not exceeding four and a furnished office with communications equipment and house helps consisting of a cook, steward and gardener. It was not mentioned in anywhere as part of the committee's recommendations that, the former president should be given two houses. One in Accra and another in a location of his choice. But parliament, for whatever purpose reverted the committee's report for end of service benefits (ex-gratia) of the president to what the Chinery Hesse committee's report recommended in 2005 as reported below by Jonas Nyabor of Citi fm.

The Chinery-Hesse Committee Report (2001-2005) which said, "former Presidents should receive “one fully furnished residence in the national capital and one out-of-capital residence at a location of the former President’s choice; all of which should not revert to the state in the event of the demise of the former President.” In the area of security, “the state will provide two security persons to be chosen by the former President from state security. Two vehicles for security.”
For transport, President Mahama will be given two vehicles, a chauffeur, maintained and comprehensively insured by the State and changed every four years for life.
For overseas official travel, the state will fully pay for all such trips with his spouse and two security persons.
The state will however, sponsor only two of such travels per year and those not exceeding two weeks in duration. President Mahama and his wife will also be entitled to free healthcare. Other benefits include, the payment of utilities at his residence." Wow!
Questions! Is the economy of Ghana strong enough to take care of these arrangements? Do the countries we go to beg for economic assistance have same or similar retirement benefit arrangements for their presidents? Does the work of the president commensurate these packages? Is it fair and equitable to incur these humongous costly expenses for our former presidents? Do they actually, if not deserve, but need these benefits? Are these ostentatious largesse out of their means or reach? Indeed there are more questions than answers! But, if all of the above questions are in the negative, then where lies the integrity of our leaders specifically, the article 71 office holders?
For God sake, president John Agyekum Kuffour was living in his private house before his ascension to the highest office of our beloved country - Ghana. I believe the same applied to president John Evans Atta Mills. But for president John Dramani Mahama, minds cannot "think far". 
Prior to him becoming the president, he was a member of parliament for three consecutive terms, that is, twelve solid good years. He doubled as a deputy minister and later a substantive minister, and for that matter, a cabinet minister. He also headed various committees in parliament. He was the vice-president of Ghana for more than three and half years. So, in effect, out of his fifty-eight years, president John Dramani Mahama lived in a state funded residence for twenty years. One is forced to ask questions, in the wake of the former president's demands to keep for himself and forever, an official residence that is allocated to vice-presidents of the Republic of Ghana. What has he been doing with his salary and the uncountable ex-gratia for all those years he has been in public office. Does he not have a house that he could move in to? If he does not have a place of abode of himself, why was he allegedly, indulged in a free spree of dashing out houses at prime areas in the city and expensive vehicles to people including madam Akua Donkor. He could have done himself, the public and the state a lot of good, if he should have kept those houses to himself. 
Another possible question is that, can't the president buy or build for himself a decent and befitting house from his ex-gratia? President John Dramani Mahama is supposed to be taking Ghc30,359.43 per month. This is a non-taxable salary, backdated to 2013. A poor civil servant who struggles to make far less this amount in a year, still makes ends meet, able to save and build a house for him/herself how more a president? It will take almost five years for an average civil servant on the single spine salary structure to earn what president John Dramani Mahama will earn a month as a former president. The least paid civil servant on the single spine salary structure, who still renders service to develop the country, takes a gross salary of Ghc 600:00 a month. The disparity and unfairness in this instance are crystal clear for us all to see.
I think as a president, despite the opportunity, to rip off the citizenry you should be rather grateful for their magnanimity, and live a life of austerity, so that you could be judged favourably by posterity.
President Mahama's request to have our vice-presidents' official residence for keeps is hard for me to understand. It is like a bitter pill for me to swallow or better still, a huge bill to settle. Why do I say so? If the whole country should yield to his demands and permit him take the house, fifty years to come, how many official bungalows would have been relinquished to former presidents? Especially, if we want to use president John Mahama's one term presidency as a yardstick. That will be like thirteen bungalows plus one. This will be like creating an estate of elite class of bourgeoisie. So, you can see the level of poverty, in the argument of the proponents for dashing out state property. The rest of us who would not have the sheer opportunity to be president one day can never have the chance to live in such an area even if we have the means financially.
In any case, if the state is willing to dash houses to former presidents, then I think it should be for accommodation purpose and not for keeps. So that, after the demise of the former president, that asset is reverted to the state. 
The president and his advisers or spokespersons did not do a thorough retrospection, good reflection and convincing engagement on this issue when it came to the attention of the public. Due to the immediate public lash out and resistance, the former president's office put out a very lame argument, which in my view, was a statement of shame. Dr. Omane Boamah was heard apparently trying hard to put up a defence for this palpable ignominy. That it was an agreement reached between the transition team of the then out and incoming governments. See who is talking about agreements! Why didn't the both sides of the transition teams agree or consult each other on the last minute appointments made by president John Mahama? Because this one is about your fiendish ends you speak of agreement right? The people of Ghana are neither naive nor zombies!
The Presidential Transition Act, 2012 is the eight hundred and fourty-fifth act of Parliament of the Republic of Ghana. It is an act of parliament that establishes or spells out explicitly the arrangements for a smooth political transfer of one administration to another. It also carters for the transfer of political power and its related matters. Section 10(1) of this act which is sub captioned "Vacation of Official Residence" states that "The incumbent president and the incumbent vice-president shall each vacate the official residence before the day of the swearing-in of the person elected as president, and, if either of them so desires, move into an alternate official residence". The operative or controlling word for me, in this section, is "shall". I am not a lawyer, but the education in legal realm is that, "shall" means mandatory, the president should have compulsorily vacated his residence at midnight of the 6th January, 2017. But, he acted contrary to the laws of the country. The truth is that, he should have vacated this bungalow on the very day he seized to be the vice-president of Ghana. This law - The Presidential Transitional Act was only passed by parliament in October, 2016, only to be broken by president John Mahama in January, 2017. What kind of country are we? A country of lawless presidents? And, they talk of bad faith on the side of the NPP transition team. Who is acting badly? How do you have a deal, outside the confines of our laws and expect us to seal it? 

Let me spare readers the rhetoric
. But, if only they would pay heed, the sentiments of the people should sow a seed, of advice to the article 71 office holders especially, the executive and the legislative arms of government that, the ordinary citizen is losing faith and trust in them because of the profligacy and redundancy associated with the manner and way they manage public funds. And, if they think, this  is nothing to go by, then they should remind themselves, the massive low return outs of electorates in the just ended general elections. This is a significant signal. We would not be worried when the country goes back to the era of military rule. They always deceive us to being our servants. After they receive our mandates they become tyrants. We are watching! 

Thnx! 
Naa Gbewaah Sidiq's folder.

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