Parliament considers Constitutional Amendment Bill on election of MMDCES

By Benjamin Mensah, GNA

Accra, July 30, GNA - Ms Gloria Akufo, Attorney General and Minister of Justice, has stated that majority of Ghanaians believe that the election of Metropolitan, Municipal and District Chief Executives (MMDCES) will give the electorate political ideas on the management of Assemblies.

The position, she said, was from feedback of an extensive nationwide survey among stakeholders and a cross-section of the general public.  

She stated that the current regime appeared to defeat the purpose the decentralised local government system as guaranteed under Article 240 of the 1992 Constitution.

The key feature is to ensure accountability of local government authorities and to afford people in local government areas the opportunity to effectively participate in their governance.

“Providing the people of Ghana with the opportunity to vote persons into office at the local government level will therefore strengthen democratic governance in the country and ensure accountability at the local government level and give fuller effect to Article 20,” Ms Akufo said.

In the statement, presented on the floor of the House, in Accra, moments before the Second Reading of the Constitution Amendment Bill, 2018, the Minister noted that Clause One of Article 243 of the 1992 Constitution provided for the appointment of District Chief Executives by the President with the prior approval of not less than two-thirds of the members of the Assembly present and voting at the meeting.

However, over the years,  this provision has raised concerns among the general public, and the procedure for appointing the Metropolitan, Municipal and the District Chief Executives denied  persons under the authority of the Government officials the opportunity of being involved in the appointment of the officials.

The Justice Minister noted also that the system of appointment also failed to make persons appointed into office as Metropolitan, Municipal and District Chief Executives accountable to the people under their authority.

“The result is that the people in local government areas are denied effective participation in local government,” Ms Akufo said.

The Minister told the House that the new Bill, seeking to amend the Constitution comprised one provision which amends Article 243 of the Constitution by the substitution of clause (1) of Article 243 with a new clause that provides for the election of a District Chief Executive by universal adult suffrage within the district.

She urged the House to assist in passing the Bill to attain the desired objective.

Later in Parliament, Finance Minister Ken Ofori-Atta, while presenting the mid-year review of the 2019 Budget Statement and Economic Policy announced that preparatory activities for a referendum to determine whether or not Metropolitan, Municipal and District Chief Executives (MMDCE’s) should be elected on partisan lines were underway.

He said the referendum will be held alongside the District Assembly and Unit Committee Elections (DAE and UCE) in December, 2019.

“To this end, two draft Constitutional Instruments (CIs) to regulate the conduct of the District Level Elections and Referendum have been completed, “the Finance Minister said.

Deputy Attorney General Joseph Kpemka last February laid the Bill in the House, and the approval of the Bill into law would end the current constitutional arrangement which empowers the President to appoint MMDCEs.

Article 243 (1) of the 1992 Constitution stipulates that: "There shall be a District Chief Executive for every district, who shall be appointed by the President with the prior approval of not less than two-thirds majority of members of the assembly present and voting at the meeting."

President Nana Addo Dankwa Akufo-Addo, in fulfilment of the 2016 election campaign message affirmed his resolve to follow the constitutional process to have the election of MMDCEs, after he won that election.

Also, in his 2018 State of the Nation Address, President Akufo-Addo announced government’s intention to amend Article 55 of the constitution in order to allow political parties to participate in local governance.

Since then, there had been an increased campaign and broader stakeholders’ consultations on the matter

Per Article 243(2) of the Constitution, the District Chief Executive shall preside at meetings of the Executive Committee of the assembly; be responsible for the day-to-day performance of the executive and administrative functions of the district, and be the chief representative of the Central Government in the district.

A referendum, expected to be held during the district assembly elections, seeks to amend articles 55 (3) and 243 (1) of the constitution.

With the current form of the constitution, political parties are barred from participating in district-level elections, while MMDCEs are appointed by the President, a move seen by political observers as against democratic tenets.

The Ministry of Local Government and Rural Development operating within its mandate has scheduled December 10, 2019, for the referendum.

GNA

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