OccupyGhana’s bold step: Criminalising internal party elections

­­­­Ghana's democratic journey has been marked by significant milestones, but the integrity of our electoral processes remains a pressing concern. 

One of the reasons for this concern is a certain lacuna which exists in Section 3(5) of the Criminal Offences Act, Act 29, which defines ‘public elections’ in a manner that excludes internal party elections, including primaries and the election of party executives.

This statutory gap has created a permissive environment for vote-buying, inducements, intimidation and related malpractices to flourish at the very foundation of our democratic system.

Thankfully, the pressure group, OccupyGhana has taken up this civil duty of ensuring that the space is bridged by submitting a draft bill, which proposes simultaneous amendments to the Criminal Offences Act, 1960 (Act 29), the Representation of the People Act, 1992 (PNDCL 284), the Office of the Special Prosecutor Act, 2017 (Act 969) and the Vigilantism and Related Offences Act, 2019 (Act 999), to expressly criminalise misconduct in and surrounding internal political party elections.

This singular act by OccupyGhana to criminalise misconduct in internal party elections is a timely reminder that our democracy's foundation is only as strong as its weakest link.
Internal party elections are not private matters.

They determine who leads political parties at every level and, critically, who ultimately presents themselves to the electorate as candidates for public office.

When corruption takes root at this initial stage, the integrity of national elections is compromised even before they begin.

The draft bill addresses this defect by expanding the definition of ‘public elections’ to include internal political party elections, thereby subjecting electoral offences committed in those contexts to the same criminal sanctions applicable to national and local government elections.

By expanding the definition of 'public election' to include internal party elections, the bill subjects electoral offences committed in those contexts to the same criminal sanctions as in national and local government elections.

This move is not novel beyond Ghana. Many countries have recognised the importance of regulating internal party elections to safeguard the integrity of their democratic processes.

In Ghana, the current statutory gap has created a permissive environment in which vote-buying, inducements, intimidation and related malpractice flourish.

The bill's focus on vesting primary prosecutorial authority in the Office of the Special Prosecutor is also commendable.

Independent prosecution is essential to avoid real or perceived conflicts of interest and to enhance public confidence in enforcement.

Some may argue that this move infringes on the autonomy of political parties, but the Daily Graphic considers this a narrow interpretation.

The Constitution recognises political parties as voluntary associations and acknowledges their critical role in shaping our democracy.

By regulating internal party elections, we are not undermining party autonomy but ensuring that these processes are not distorted by corruption or coercion.

The proposed bill is not a partisan issue; it is a matter of democratic principle.

It is a call to action for all stakeholders to come together and strengthen our democracy.

Given the cross-partisan importance of safeguarding democratic integrity at this critical stage of our democratic journey, we respectfully invite you, as Leaders of the parliamentary Majority and Minority, to jointly sponsor this Bill as a Private Members’ Bill. 

A united initiative from all sides of the House would send a clear and powerful message that the protection of Ghana’s democracy rises above party interest.

As Ghanaians, we must recognise that the strength of our democracy lies in its ability to inspire confidence and trust.

By criminalising misconduct in internal party elections, the country will take a significant step towards ensuring that our electoral processes are transparent, accountable and reflective of the people's will.

Let us join forces to strengthen our democracy. Let us support the passage of this bill and send a clear message that corruption and misconduct will not be tolerated.

The future of our democracy depends on it.