The Failed Constitution

The fundamental requirements of a real Democracy are the clear division lines between the three major powers in the political life namely: Executive Power, Legal Power, and Jurisdiction Power.

Unlike in advanced and real Democracies in Ghana the President nominates personally thousands of Government positions employing for this reason Presidential Suffers positions unknown to the Western World.

While in Europe Judges of various levels are selected and nominated by a Body consisting of Experts from the Justice Ministry, Judges and Politicians with subsequent nomination by the Minister for Justice, in Ghana this role is undertaken by the President giving him a clear influence over this Power Segment through the back door.

All Ministers in the Government of Ghana must be Members of Parliament and Citizen of the country of Ghana with no dual citizenship hold. In European countries someone being elected into Parliament and chosen by the President or Prime Minister as a Minister has to vacate his seat in Parliament for a succor to take over, the next on the ballot paper. This ensures a clear and distinctive line between the Executive Power and Legislative Power.

In Europe and USA alike a Minister does not have to be a Party Member or MP, can be an Expert chosen by the President/Prime Minister. Joachim Gauck, President of Germany, was never an MP or a Minister but a much honoured person before his election into Office. Donald J. Trump was never an MP or Minister, even not well known and active Republican Party Member.

In Ghana the Executive Power has a direct influence into the decisions of the Parliament based on the fact that it is basically a two party “Democracy” with strong oppositions against each other making it nearly impossible, considering the political atmosphere and culture in Ghana, for the Majority Party to ever oppose a Bill or Plan presented before Parliament by the President especially when a Minister is seated next to the ordinary Member of Parliament subsequently guaranteeing him to have a steady income for 4 or more years, a vital aspect in Ghana’s society.

The absence of a second chamber line like constituted in USA, Germany, UK, Switzerland and others for the Regions in Ghana and their highest Representative, makes it most highly impossible that a Bill of a President will not see the written Text book of the country and being executed but fail before the Second Chamber.

To deny a group of people the right to be elected into Parliament like the Chiefs and Queen Mothers of Ghana is fundamentally undemocratic and not seen in advanced Western countries where Royals can stand like any other citizen before the Voters and contest the elections. In these countries only a court can deny a person such rights based on individual cases and judgements like the active right to vote as well.

Again and again GBC, Ghana Broadcasting Cooperation, covers live Ministerial Veiling sessions of the respective Parliament Committee. Nominated Aspirants for various positions have to answer questions about themselves and their commitment and ideas to their future role in Government. The Majority in Parliament supports the President and is also reflected in the same manner in this Committee for which reason the outcome of these Exercises is obvious as no Candidate would fail in order not to expose their potential criticism of a President. Therefore, these Committee is useless as when no opposition in real terms can and will be demonstrated, their session are time and money wasting and a farce to portrait Democracy as functioning in Ghana.

The Minister for Justice in Ghana is in the same person the Attorney General which gives the President a direct influence on the decision which case to bring before court especially critical in cases of corruption and mismanagement of State funds and assets to the Extreme when such cases are directed against the President himself. Such an Attorney General would never trigger the process of investigations leading to a possible impeachment process of the President in case of misconduct and violation of the Constitution and his obligations, rather leave this task to the much weaker part of party and private investigators.

Looking closely at the structure of the Constitution from 1992 for the Fourth Republic and taking the observation into account of the implementation of the Constitution and the way it is executed in daily and practical life the conclusion must be drawn that indeed this thick Law Book is an extension of J.J. Rawlings Dictatorship with a nice paint covered to make it look to the general public as a blessing for them.

When a Court Judgment is final, the Parties involved have to honour and follow it which does not mean it cannot be criticized. Court Judgments help to shape and clarify the Law in real terms submitting ideas for the Law to be changed in future when the life-style and expectancies of the citizen develop. Outlawing Abortion, same sex marriages and setting adult age at 21 years of age were the legal norm in the last century in Europe. Court Rulings were heavily criticized as the societies went along until the time came the Law and the accordingly made Judgment of the Highest Courts in their countries were discussed to change the Laws to the new expectations of the European Citizen. This is how a modern, working and useful Justice System is operating when not wanting to be the instrument of the ruling class but a servant to the people at large.

Oh, my GOD, have mercy on your people in Ghana once more!

Author: Dipl.-Pol. Karl-Heinz Heerde, Sakumono Estate, Block D10, Aprt. 9, Tema West, Ghana, phone +233(0)265078287, [email protected] , 27.07.2016