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The Daily Graphic believes that there is the need for a proper interpretation of Section 14 (1) of the Presidential Transition Act 2012, Act 825, Paragraph 6, which is the basis for the sacking of heads of state institutions when new governments come into power.
The Daily Graphic believes that there is the need for a proper interpretation of Section 14 (1) of the Presidential Transition Act 2012, Act 825, Paragraph 6, which is the basis for the sacking of heads of state institutions when new governments come into power.

Let’s tame this tragedy of our democratic dispensation

There was a time in this country in 2009 when, as a result of a change in government, some boards of public corporations were dissolved, while the appointment of some government appointees was terminated before the expiry of their terms.

That scenario seems to have come to play once again after the coming into office of the new government after the December 7, 2016 elections.

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While there have not been announcements this time round concerning the dissolution of boards, it is no secret that some chief executives have already lost their jobs following the defeat of the National Democratic Congress (NDC) in the elections.

Already, the Chief Executive Officer (CEO) of the Ghana Cocoa Board (COCOBOD) and the Director General of the Ghana Ports and Harbours Authority (GPHA) have had their appointments terminated, while the Chief Executive of the Ghana Gas Company is set to proceed on terminal leave from February 1.

The CEO of the Ghana Tourism Authority has also been asked to step down.

This situation of CEOs and directors of companies being sacked or politely asked to proceed on leave when a new government comes to power is not in conformity with our creed as a country with democratic credentials.

There is also the issue of uncertainty, which has the propensity to make Ghanaians with a lot of expertise to put at the disposal of the country shy away from taking any public appointments which cannot be guaranteed.

In 2009 when boards were dissolved and heads were sacked, a lecturer at the Faculty of Law of the University of Ghana, Professor Kofi Kumado, in a letter to the Daily Graphic, asked if the change in the persons who constituted the government, by itself alone, gave sufficient legal basis for the dissolution or withdrawal of the members of the boards.

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Even before the new government took office, a citizen, Theophilus Donkor, had filed an application at the Supreme Court seeking a perpetual injunction against the removal of persons from public boards in the event of a change in government.

The Daily Graphic believes that there is the need for a proper interpretation of Section 14 (1) of the Presidential Transition Act 2012, Act 825, Paragraph 6, which is the basis for the sacking of heads of state institutions when new governments come into power.

We believe that the practice of sacking heads with every change in government is not healthy for our democracy and only seeks to entrench the winner-takes-all mentality which has taken over our governance system.

People appointed to serve in public institutions must be made to serve their full terms, whether there is a change in government or not, and they must not be witch-hunted just because they are perceived to owe some allegiance to the government that lost the elections.

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Their continued stay in office or otherwise should be based on performance or the lack of it.

Otherwise, we should make all chief executive positions in public institutions conterminous with the ruling government, so that those who are appointed to such positions know that the exiting of a government is marching off orders for them.  

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