John Mahama had more than political party financing on his mind when he recently launched “a smart digital retail fundraising platform for his 2024 Campaign.” The former President apparently plans “far-reaching constitutional, political and governance reforms to restore confidence in our democracy and governance systems.”
7 of them come into sharp focus:
1. Article 71 on the salaries and allowances payable, and the facilities and privileges available to high-ranking members of government will be reviewed. Specifically, Mahama plans to scrap the payment of ex gratia to the executive. He also plans to run his next government with not more than 60 Ministers and Deputy Ministers.
He plans to set up an “Independent Emoluments Commission” to determine the conditions of service of all public officers, from the president to the lowest ranking public officer on government’s payroll in order to eliminate inequities in the current single spine salary structure for the public sector and provisions for Article 71 office holders.
Clearly, Mahama is daring his political opponents to take an unambiguous position on the matter while promising to lobby the legislature and judiciary to come along on this ‘suicidal’ exercise to abrogate a lifestyle of feeding fat on mouthwatering largesse from the public purse. This promises to be interesting.
2. To “curtail the uncoordinated approach to our long-term development policymaking,” Mahama plans to review Articles 86 and 87 to entrench provisions for a comprehensive long term national development plan that builds on successive governments.
Significantly, the constitution already makes provisions for the National Development Planning Commission to advise the President on among other things, “the development of multiyear rolling plans, taking into consideration the resource potential and comparative advantage of the different districts of Ghana.”
Whether entrenchment, which is what John Mahama proposes, is what will address the wasteful phenomenon of one party ditching the predecessor’s “multiyear plan,” sometimes together with associated initiated projects or not, remains to be seen.
3. Article 78-1 explicitly requires the President to appoint the majority of his Ministers from Parliament – a provision which many argue compromises the independence of the legislature. To make Parliament truly independent, John Mahama is advocating for what he calls a “dissolution of the interface between the Executive and the Legislature.”
4. Articles 202 & 203 make provision for the appointment of the Inspector General of Police and the Police Council respectively. John Mahama argues that the Police Council is too politicized in its current appointment process and in the execution of its mandate.
He further argues that by not having security of tenure, the IGP is unduly beholden to the whims of the executive President. He therefore proposes a constitutional review that will see a fixed term and secure tenure for the entire leadership of the Police Service.
5. John Mahama has his eyes on Article 243 which provides for the appointment of the District Chief Executive with the prior approval of not less than two thirds majority of assembly members present and voting. Similar to numerous such previous campaign promises, he would like to see DCEs being elected, rather than appointed.
Given the failure of President Akufo Addo to push similar local government reforms, it remains to be seen and heard what President John Mahama intends to do differently to ensure success.
6. Article 128 provides for a minimum number of Justices of the Supreme Court. President John Mahama believes an amendment to cap the number of appointments is also required. Presumably, this is aimed at addressing long held debates about real or perceived “packing of the Supreme Court” for political ends.
7. Finally, on the basis of the President’s appointment of a known party activist to Ghana’s Electoral Commission recently, John Mahama is advocating one more layer in the appointment process – Parliamentary approval of new Commissioners to the Commission.
Fun question – has Parliamentary approval in previous appointments necessarily served us better in the past, earning us high functioning appointees and public officers serving in the three arms of government?
In summary, whatever the merits and demerits of the specific constitutional provisions targeted by President John Mahama, it gives me joy overall, to see him addressing himself to core fundamental issues – size of government, political party financing, constitutional reforms etc. After 30 years of constitutional democracy, these reflections are worth having and John Mahama may just be on to something great! Afterall, the unexamined life is not worth living, according to Socrates.
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