Parliament must redeem itself in final session

Parliament resumed sitting yesterday 15 October in its final session before the general elections on 7 December 2024. A major contributor to the heightened discontent in society today, Parliament should take the opportunity of its final session to lift spirits somewhat in the two months to elections and in the process restore some faith in our democracy.

Parliament is responsible for the calibre of ministerial and non ministerial - Judicial, public/civil service, appointments we have had to endure; responsible for the categories, quality and extent of external borrowings that have overburdened us with unmanageable debt to date; responsible for amending and repealing existing laws or passing new laws, some of which have led to unprecedented destruction of the environment; responsible for approving contractual arrangements which have led to judgment debts against the state.

Each discontent, recently finding expression in widespread public protests/demonstrations or strikes/threatened strikes, can be traced to a failing of the current parliament.

In this final session, parliament can atone its shortcomings by placing the current government into a caretaker mode two months this side of the general elections, usually three months, and by repealing bad laws passed in the life of the current Government.

Placing Government in caretaker mode
Starting with this parliament in its final session, Parliaments should put Governments in caretaker mode in the last two or three months to elections, by refusing to authorise major or permanent Government appointments, commercial contractual arrangements and indeed any Government initiative that would tie the hands of an incoming government and in the process sabotage the will of the people should Governments change hands at the elections. Must the Government undertake any of the above actions, parliament must insist on condition that an incoming administration would have the final word postelection.

In the absence of such constraints, we would continue to have judgement debts; politically tainted tendering and contracts to finance elections; disposal of government assets to party hacks; appointment of judiciary officers to frustrate a different future Government; not to mention a Domelevo purge each time governments change hands. [NB: Daniel Yaw Domelevo, sworn Auditor General by Mahama a week before handing over, was forced out of office under vindictive circumstances by the successor Akuffo Addo administration on 01 July 2020]

Caretaker behaviours are often not legislated but occur by convention. In a country where laws are difficult to enforce and conventions readily fall apart, I doubt there would be bipartisan support for a caretaker Government anytime soon.

The hope here is that the Minority in parliament would facilitate caretaker behaviour of Governments and civil service. Those entering into contracts with Government within the caretaker period would advise themselves about the safety when the Minority in Parliament has not agreed to such undertaking.

Repealing bad laws
A reality the final session of parliament would face is the repeal of a legislation that permits mining in forest areas.

The Government itself through directives to the EPA is presenting the legislation to parliament for repeal and so one expects swift repeal. The reality though is the realisation of how such a bad law with devastating consequences on the environment; health, economy and global reputation of Ghana could ever be enacted. The Legislation in question is Legislative Instrument 2462 (LI2462)

Investing in a minister the discretion of determining which parts of forest reserves are exempt from the ban on mining in forest reserves, which LI2462 in effect does, is an invitation for abuse of power and corruption and environmental damage.

Unfortunately similar bad laws that get repeatedly abused without any effort at repeal or amendment do not have the same “brown water” dramatic effect from the magnitude of environmental devastation as LI2462. Otherwise the mountain of bad legislation in current use would follow LI2462 as swiftly into the dustbin of history

By Nii Armah Kweifio-Okai, Melbourne

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