#TheDailyConstitution On the Executive, the Commission has made recommendations that clarify the appointing power of the President. In some cases, the recommendation enlarges the pool of consultations before appointment, including with Parliament. Other changes affecting the Executive include the power of the President to appoint any number of ministers from Parliament without a minimum or a cap and a requirement for the President to pay tax. The recommendations of the Commission relating to the legislative arm of government are aimed at strengthening that branch and making it capable of acting as an effective institution of governance in its own right. The main recommended changes in respect of the Legislature include clarifying the concept of a ―Money Bill‖ thereby making it easier for members of Parliament to introduce private member‘s bills; ensuring that the censure of a Minister of State by Parliament automatically results in the removal of the Minister from office; and measures to strengthen Parliamentary Committees. The recommendations of the Commission on the Judiciary recognise the singular role of that branch as the final arbiter over all disputes in the nation. Thus, the recommendations seek to reinforce the independence of the Judiciary; provide for the elaboration of rules, regulations and administrative processes that enhance quick and cheap access to real justice, including making the Court of Appeal the final court in interlocutory matters. The Commission further recommends that the membership of the Supreme Court be capped at fifteen in a non-entrenched provision of the Constitution and for refining the manner in which the review jurisdiction of the Supreme Court is exercised. Under the chapter on the Public Services, the Commission has made three major sets of recommendations. The first relates to providing for categories of the public services, rather than attempting to list all of them in the Constitution. The second aims to strengthen the Public Services Commission, and the third elaborates on the code of conduct for the services in order to reduce conflict of interest situations and deal with aspects of corruption. Other more specific recommendations on the Public Services include keeping the retirement age at sixty (60), but allowing Parliament to increase it for categories of public servants; the institution of performance contracts for public servants; the regulation of which public officers may engage in partisan politics; and mechanisms for verifying assets declared by public officers. The Commission has also expanded the list of Independent Constitutional Bodies (ICBs) to include the NDPC, the Office of the Administrator of the District Assemblies Common Fund, the Office of the Administrator of Stool Lands, the Legal Aid Scheme, the Office of the Statistician-General, the Bank of Ghana, the National House of Chiefs and a novel institution, the Independent Emoluments Commission charged with determining the emoluments of all public servants. A special fund is to be created for these bodies in order to deal with the main cause of the ineffectiveness of a good number of them. The bulk of the recommendations made on the ICBs aim to enhance their independence and to ensure that they function effectively and more professionally than at present. They include provisions for the approval by Parliament of some appointments to the ICBs. The membership of the various ICBs has also been generally reduced, except for the Commission on Human Rights and Administrative Justice (CHRAJ); the membership of which has been increased with a requirement to include non-lawyers and for one of the Deputy Commissioners to be responsible for human rights issues relating to children, Persons With Disability (PWDs) and the aged. The tenure of office of the Commissioners of the CHRAJ, Electoral Commission (EC), and the National Commission for Civic Education (NCCE) has been proposed to be fixed at ten (10) years and may not be renewed. (Page 3-4, CRC Report) ... to be continued.
Posted on: Tue, 08 Jul 2014 07:35:32 +0000
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