Presidential Transition Bill in Parliament

By Jeorge Wilson KINGSON
A bill to establish arrangements in practice for the political transfer of administration from one democratically elected President to another, to provide for the regulation of the political transfer of power and for related matters has been laid before parliament.

The Attorney General and Minister of Justice, Betty Mould-Iddrisu, presented the bill to the House last week, in accordance with the relevance regulations of the 1992 constitution and the standing orders of the House, following which House Speaker Justice Joyce Bamford-Addo referred it to the Committee on Constitutional, Legal and Parliamentary Affairs for consideration and report.

The bill was initiated by the four political parties with representations in parliament within the framework of the Institute of Economic Affairs-sponsored Ghana Political Programme, namely the National Democratic Congress (NDC), the New Patriotic Party (NPP), the People’s National Convention (PNC) and the Convention People’s Party (CPP).

The presentation of the bill is against the backdrop that the stability achieved so far in Ghana in the practice of multi-party democracy over the past 16 years during which time two sitting governments were changed peacefully has made it compelling for the country to find ways to improve the process associated with the multiparty democratic governance system.

This is to be regulated by law to ensure the shared experience and arrangements for the transfer of government.
The bill provides for the appointment of a transitional team, made up of representatives, in equal numbers, of the incumbent President and of the person elected as President, with the heads of certain public establishments.

Out of this team sub-teams, including an inauguration sub-team, a government machinery sub-team and a presidency sub-team, which the transitional team considers relevant for the performance of the functions of the team will be set up.
The function of the transitional team is designed to cover two key subjects which have proved to be controversial in the two precedent setting years, 2001 and 2009.
These are the arrangements for the transfer of political power from the outgoing to the incoming government at the national, regional and district levels, as well as the handing over of all official assets and properties, and arrangements to ensure prompt implementation of the decisions on salaries, allowances, facilities, privileges and retiring benefits or rewards, as determined respectively by the President and Parliament on the basis of the recommendations made by the committee appointed in accordance with Article 71 of the constitution.

The bill places an obligation on the team to meet within 48 hours of the declaration of the results of the Presidential elections and the winner of the elections with subsequent meetings being convened by the co-chairpersons. It also deals with handing over notes.

“The Office of the President is to prepare a set of comprehensive handing over notes covering the terms of office of the President as the Executive Authority under Article 58 of the constitution,” the memorandum to the bill stated.
The bill also mandates the Administrator–General to make available to the President-elect the original copies of handing over notes, retain a copy and send a copy each to the Speaker of Parliament and the Chief Justice, as persons who are in the line of succession to the Presidency in case of any eventuality, the council of state as the advisory body to the Presidency and to the National Archives for storage.

There is a provision for the establishment of a Presidential Estates Unit as an independent institution of state under the Administrator-General who has sufficient stature to stand up to both the outgoing and incoming governments.
“The Presidential Estates Unit is established as a continuing office and does not terminate with the termination of the transition. It is responsible for the procurement, management and transfer of all the executive assets of state,” it explained.

The bill makes provision for the reasonable arrangements to be made to secure alternative accommodation for the departing officials.
The incumbent President and his Vice-President are each to vacate the official residence before the day of the inauguration of the new President. However, an alternative official residence is to be made available for their use for a period of up to six months.

The bill provides also for the election and swearing in of the House speaker. It sets out the process and status that 48 hours after the declaration of the results of the Presidential and general elections, the clerk to parliament is to summon a meeting of the elected members of parliament to elect the speaker and deputy speaker and take the oaths of office as members of parliament.