CPCR Demands Major Shake-Up  Of Presidential Powers

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The Citizens’ Platform on Constitutional Reform (CPCR)

The Citizens’ Platform on Constitutional Reform (CPCR) has called for a major restructuring of Ghana’s system of governance, demanding tighter limits on presidential powers and stronger constitutional safeguards to prevent excessive concentration of authority in the Executive.

The coalition of civil society organisations at a stakeholders’ workshop on the recommendations Constitutional Review Committee held in Sunyani, Bono Region, says Ghana’s constitutional reform process must go beyond amending isolated provisions and address what it describes as fundamental questions about the distribution of power, institutional independence and accountability in the Fourth Republic.

The workshop, which was organized by the National CSO platform on Constitutional Reforms in collaboration with Citizens Watch Ghana, aimed to promote citizens participation and enhance their understanding of the committee’s recommendations and their implications on governance and democratic development in Ghana.

At the centre of Coalition’s concerns is the President’s extensive appointing authority. The CPCR wants appointments to important independent and oversight institutions to be made through transparent, competitive and merit-based processes rather than being left largely to presidential discretion.

According to the coalition, the character of an office should determine how its occupants are selected, particularly where those institutions are expected to exercise oversight over the Executive. It is, therefore, asking the Government to reconsider its proposed framework for limiting presidential appointing powers.

The demand comes at a time when the Government is moving to implement recommendations arising from the review of the 1992 Constitution. President John Dramani Mahama has already announced the establishment of a Constitutional Review Implementation Committee to examine the Government’s position alongside the recommendations of the Constitution Review Committee.

The CPCR is also challenging the continued practice under which Members of Parliament can simultaneously serve as Ministers, Deputy Ministers or Regional Ministers. It wants a clearer constitutional separation between the Executive and Parliament, arguing that lawmakers should not occupy positions that could compromise the independence of their legislative role.

It further wants MPs constitutionally barred from serving on the boards, governing councils and procurement committees of publicly funded institutions, a proposal that could trigger fresh debate about conflicts of interest and the relationship between political office and public administration.

The coalition is equally calling for a fundamental change in the way Metropolitan, Municipal and District Chief Executives are selected. While it supports the election of local chief executives by citizens, it rejects presidential nomination, shortlisting and vetting by institutions under the Executive.

Instead, it wants local MMDCEs elections to be open and unfiltered, allowing qualified citizens to contest without passing through a presidential gatekeeping process.

The issue is likely to attract considerable national attention because the Government’s constitutional reform proposals already include the election of local chief executives. President Mahama previously identified elected District Chief Executives among the major proposals emerging from the review process.

The CPCR also wants a major rethink of the financial relationship between central government and local assemblies. It is demanding that the entire allocation of the District Assemblies Common Fund intended for Assemblies be transferred directly to them without deductions or central government commitments.

It is also opposing the continued allocation of a share of the Common Fund to Members of Parliament, because such arrangements, CPCR says, blur the distinction between the legislative responsibilities of MPs and the executive and development functions of District Assemblies.

Another potentially explosive area is the remuneration of public officials. The CPCR supports the establishment of an Independent Public Emoluments Commission to determine pay and benefits across the public sector, including those of the President and Article 71 officeholders.

The proposal has already gained Government backing in principle, with the Fair Wages and Salaries Commission reporting that the Government has accepted the recommendation for an independent commission to determine the salaries and benefits of Article 71 officeholders.

For the CPCR, however, the larger question is not simply who receives what salary, but whether Ghana’s constitutional architecture provides sufficient checks on political power. The coalition says its disagreements with the Government centre on presidential power, institutional independence, public accountability, protection of public resources and citizens’ participation in governance.

It is, therefore, urging the Government, Parliament, political parties, organised labour and civil society to engage in genuine negotiations before the reform proposals are translated into final legislation. It says the objective should be a constitutional settlement capable of commanding broad national support rather than one shaped predominantly by the preferences of the government of the day.

By Edmond Gyebi

 

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