Service personnel drag NSS to CHRAJ over 'illegal' deductions

Members of the Concerned National Service Personnel (CNSP) have dragged the National Service Secretariat (NSS) to Commission on Human Right and Administrative Justice (CHRAJ) to investigate the 'illegal' deductions from their allowances.

It could be recalled that on Thursday, July 12, 2016 the these personnel petitioned NSS to give them a tangible reason as to why they deducted a GHC15 from their allowances and they gave the NSS seven days ultimatum but NSS has refuted it hence the aggrieved personnel have petitioned CHRAJ to conduct a serious investigation into the matter as urgency.

In the petition issued to CHRAJ within the week and sighted by the media and according to the group's Convenor, Joel S. Ndede indicated "This deduction is not grounded in any law and for that, we do consider this deduction as an illegality with intention to engage in thievery".

However, the statement emphasized "The said unlawful deduction is fraudulent in nature within the purview of section 16 of the criminal offences Act,1960 (Act 29) due to the fact that, our consent was not sought before the scheme went ahead to deduct the said amount from our allowance".

"It is instructive to note that, by the terms and conditions in this service we are currently rendering, we are supposed to be paid in every month an amount of five hundred and fifty nine Ghana cedis (GHC559) as allowance as spelt out in the appointment letters issued to us by the National Service Scheme. We are therefore opposed to any deduction which is only an avenue for the National Service Scheme to engage in any form of thievery in so far as this unconstitutional deduction is concerned", the statement explained.

The aggrieved personnel have reaffirmed that the deduction by NSS as illegal and therefore appealed to CHJAJ to investigate it for the supreme interest of fairness and justice and if found and culprit, dealt with him according to the laws of this country.

Below is the full petition
TO: THE COMMISSION ON HUMAN RIGHT AND ADMINISTRATIVE JUSTICE, REPUBLIC OF GHANA, ACCRA

OUR REF.NO...............
Dear Sir,
A COMPLAINT UNDER ARTICLE 218 (a) AND THE COMMISSION ON HUMAN RIGHT AND ADMINISTRATIVE JUSTICE ACT,1993 ( ACT 456)

We, the undersigned are National Service Personnel currently undergoing a mandatory National Service as clearly stated in the National Service Scheme Act,1980 (Act 426). We beseech the commission fortified with law to report a complaint of unfair treatment, corruption, and violation of fundamental Human Right and freedom as stated in article 218 (a) of the 1992 constitution of the Republic of Ghana.

The basis upon which we have mounted this petition is in respect of a compulsory deduction of fifteen Ghana cedis (Ghc 15). This unlawful deduction was effected with regard to the June allowance which was facilitated by the National Service Scheme through an unconstitutional ochestration by a fraudulent association namely “NATIONAL SERVICE PERSONNEL ASSOCIATION”.

It is instructive to note that, by the terms and conditions in this service we are currently rendering, we are supposed to be paid in every month an amount of five hundred and fifty nine Ghana cedis (GHC559) as allowance as spelt out in the appointment letters issued to us by the National Service Scheme. We are therefore opposed to any deduction which is only an avenue for the National Service Scheme to engage in any form of thievery in so far as this unconstitutional deduction is concerned.

We aver that,
I) The said unlawful deduction was effected by the National Service Scheme and for that matter, the scheme cannot purport to shed the consequences of this act of criminality on an Association which has no capacity to take any decision to bind service personnel bearing in mind the explicit provision of article 21 (1) (e) of the 1992 constitution.

II) The said unlawful deduction is fraudulent in nature within the purview of section 16 of the criminal offences Act,1960 (Act 29) due to the fact that, our consent was not sought before the scheme went ahead to deduct the said amount from our allowance.

III) This unlawful deduction is an act of stealing within the ambit of section 124 of the criminal Offences Act,1960 (Act 29)

IV)This deduction is not grounded in any law and for that, we do consider this deduction as an illegality with intention to engage in thievery.

We are therefore by this petition appealing to the commission to have the matter investigated for the supreme interest of fairness and justice so that those culpable would be dealt with according to the dictates of the law.

Attached to this petition are our appointment letters and e-zwich receipts as evidence to back our claims.

Thank You
Yours Faithfully
(PETITIONERS)
........................
Joel S.Ndede
Convenor, Concerned National Service Personnel
Tel: 0543257294
Eric Dawda
Director of Communication, Concerned National Service Personnel

Tel: 0541695811
Isaac Kwabena Agyapong
Deputy Communication Director, Concerned National Service Personnel

Tel: 0243284545
Source: Daniel Kaku