Come out with CI to regulate powers of President — CLOGSAG

The Civil and Local Government Staff Association, Ghana (CLOGSAG) is calling on the Public Services Commission (PSC) to come out with a Constitutional Instrument (CI) to regulate the powers of the President to appoint or fire public service workers.

It said the call was premised on the 1992 Constitution which required the PSC to make regulations to regulate the powers of the President, stating that the absence of the CI gave room for possible abuse of power by the President.

At a press conference, the Executive Secretary of CLOGSAG, Mr Isaac Bampoe-Addo, said: “What we know is that the Constitution has made provisions for that power of the President to be regulated or else we will have abuse of power.”

Article 197 of 1992 Constitution

Article 197 of the 1992 Constitution states: “The Public Services Commission may, subject to the approval of the President, make regulations, by constitutional instrument, for the effective and efficient performance of its functions under this Constitution or any other law.”

Mr Bampoe-Addo hinted that if after the call the PSC still failed to address the situation, it might have to resort to the law court to compel it to perform its duty as mandated by law.

Political interference

The executive secretary noted with concern that, “Over time, the stability and security of tenure have been threatened with political interference in the removal of officers within the service as a result of changes in government.”

Mr Bampoe-Addo explained that the curtailment of service due to political change, where affected officers often went through serious stress and frustrations, should be a matter of concern to all, adding that in cases where the officers were at the peak of their career, the sudden end of their future at work had been seriously traumatic.

“As an association that has pledged to seek the welfare of its members and workers in general, this ongoing phenomenon is quite disturbing. As it stands now, we are not protected.

“Imagine the situation where an officer who has served more than 20 years in the service and risen to the level of top management is being asked to step aside not because he has misconducted himself, but only that there has been a political change,” he said.

Protection of public services workers

Mr Bampoe-Addo quoted Article 191 of the 1992 Constitution which sought to protect public officers, stating that CLOGSAG supported the stand that no civil servant must owe or be seen to owe appointment or promotion to partisan activities since visible partisanship by civil servants would severely impair, if not destroy, the perception of neutrality.

Article 191 of the Constitution states: “A member of the public services shall not be (a) victimised or discriminated against for having discharged his duties faithfully in accordance with this Constitution; or (b) dismissed or removed from office or reduced in rank or otherwise punished without just cause.”

Drawing attention

Mr Addo described the situation as disturbing, noting that 25 years after the promulgation of the 1992 Constitution, the PSC had failed to come out with the CI as demanded by the Constitution.

He said the association was drawing attention to the issue, being mindful of the powers conferred on the President in the appointment and termination of appointments of public officers within the public services.