Govt accepts key constitutional reforms  

By Christopher Arko  

Accra, Aug. 9, GNA – Government has accepted major constitutional reforms, including five-year presidential and parliamentary terms and the election of District Chief Executives (DCEs).  

It has also backed abolition of the death penalty, a citizen-initiative mechanism for constitutional amendments and a review of the composition and size of government.  

Dr Dominic Ayine, Attorney-General and Minister for Justice, announced the Government’s position at a press briefing in Accra on its response to the final recommendations of the Constitutional Review Committee (CRC).  

Government said the current four-year electoral cycle left limited time for governments to formulate, implement and evaluate policies.  

It accepted the proposed extension of the presidential term from four to five years, with a corresponding five-year term for Parliament.  

It also agreed to reduce the minimum age for presidential candidates but proposed 35 years instead of the CRC’s recommended 30 years.  

Under the proposal, presidential and parliamentary elections would be held in the first week of November, while presidential election petitions would be filed within 14 days and determined by the Supreme Court within 30 days.  

Government accepted that the President should pay taxes on salary, allowances, goods and  

services but rejected the taxation of presidential pensions and retirement gratuities.  

It also rejected changes to the existing presidential immunity framework, maintaining that former Presidents could already face civil or criminal proceedings after leaving office.  

On the size and composition of government, it proposed removing the constitutional requirement that a majority of ministers be selected from Parliament, allowing the President to appoint ministers from within or outside the House.  

It accepted the need to limit the size of government but proposed a maximum of 60 ministers instead of the CRC’s recommended 57.  

Government further proposed a maximum of 300 Members of Parliament, comprising 276 constituency representatives and 24 seats allocated through proportional representation for women, young people and persons with disabilities, subject to an independent feasibility study.  

It also proposed allowing dual citizens by birth to contest parliamentary elections without renouncing their other citizenship.  

Public and security service employees seeking political office would, however, be required to resign and observe a 12-month cooling-off period. The restriction would not apply to presidential political appointees.  

On fundamental human rights, Government accepted the recommendation to abolish the death penalty. The relevant laws would be amended, with offences previously attracting the death penalty to carry life imprisonment.  

It also accepted a citizen-initiative mechanism for constitutional amendments, allowing citizens to propose amendments after securing the support of registered voters, subject to minimum regional representation and gender-balance requirements.  

On the Judiciary, the Government supported a fixed tenure for the Chief Justice of a single, non-renewable 10-year term, or until the retirement age, whichever occurred first.  

Government accepted the election of DCEs, saying the arrangement would promote transparency and accountability at the local level.  

It rejected the CRC’s phased approach, under which the right to elect DCEs would depend on a district’s fiscal capacity, saying that would result in some districts voting while others did not and could be perceived as discriminatory.  

Under its proposal, the President would nominate five persons, two of whom would be women. A committee comprising representatives of the Ministry of Local Government, the Public Services Commission and the Local Government Service would vet the nominees and shortlist three, at least one of whom would be a woman.  

The three shortlisted nominees would then contest the election for DCE.  

Government also proposed separating the offices of Attorney-General and Minister of Justice.  

Under the proposal, the Attorney-General would cease to be a Minister of State, retain responsibility for public prosecutions and serve under conditions equivalent to those of a Supreme Court Justice. A separate Minister of Justice would oversee the justice sector.  

Government, however, rejected proposals to remove the Attorney-General’s power to prosecute corruption cases or require court approval before discontinuing prosecutions.  

GNA  

Edited by Kenneth Sackey  

Reporter: Christopher Arko  

[email protected] 

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