I have heard people say many times, over and over again, that because the University of Ghana can regulate who enters its premises that makes it private space. But the truth is that not every commercial vehicle is allowed into even Parliament square, the very heart of the Peoples government. In fact, commercial vehicles are ACTUALLY banned from entering virtually all government premises in Ghana. That still has not converted the courts, ministries and other agency premises into private space. Regulation of access is not the primary method of ascertaining public versus private status. Military barracks for instance are heavily restricted for national security reasons. So, to extrapolate from there to establish an absolute right to charge for access is wrong. Public space regulations are established for the purpose of public order, safety, security, conduciveness to established purpose etc. and NEVER on account of private property rights. Korle Bu, for instance, is also an autonomous creation of statute, but its fees are a matter of public policy and can not be set arbitrarily by its officers. The issue at stake regarding the University of Ghanas decision to toll its access roads is actually one of fee setting liberty generally. Can the university, being a subvented organisation organised to achieve certain specific social, economic, and policy goals enter just about any endeavour it pleases and seek to profit from it? The answer is no. Not whilst it remains a public university. This has nothing to do with academic freedom, a variant of freedom of conscience, nor administrative autonomy, and everything to do with the moral character of the Universitys mandate. In the same way, Parliament by its own rules may do most things, we certainly dont want to hear that tomorrow Parliament has licensed access to the chamber to the highest paying television station. Why? Simple: it is at variance with its public character. It still does not mean that if you want access to the public gallery of parliament and the Marshalls say no, you can insist on your right of way. Simpliciter.
Posted on: Tue, 04 Feb 2014 01:10:39 +0000
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