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Retirement package for Article 71 officeholders; good or bad

In November 2015, former President John Mahama performed the Constitutional ritual of constituting a committee to review the emoluments of Article 71 class of public sector workers.

Parliament

The Committee had five members and was chaired by Prof. Dora Francisca Edu-Buandoh.

The Committee presented its report in September 2016. Given that the elections were just around the corner and politicians including the President, were crisscrossing the country canvassing for votes, the report did not receive much attention.

The President called for closer collaboration between labour and government to work push for the reforms to abolish ex-gratia for Article 71 office holders.

He explained that abolishment will pave way for a more efficient independent commission that will be fair to all workers notwithstanding their categories.

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He said the state cannot continue to pay the current salaries for Article 71 officeholders due to the pressure on the public purse.

Article 71: what it means

Article 71 office holders include the President, the Vice-President, the Speaker of Parliament, the Chief Justice and Justices of the Supreme Court.

The rest are Members of Parliament (MPs), Ministers of State, political appointees, and public servants with salaries charged to the Consolidated Fund but enjoying special constitutional privileges.

Article 71 (1) and (2) of the 1992 Constitution stipulates that the determination of the salaries and allowances of the Executive, the Legislature and the Judiciary paid from the Consolidated Fund would be determined by the President, on the recommendations of a committee of not more than five persons appointed by him and acting upon the advice of the Council of State.

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In determining the salaries of the President, his Ministers, and political appointees, as well as the members of the Council of State, the Constitution states that Parliament will determine that based on the advice of the same committee.

Parliament on Article 71

In November 2012, Parliament was tasked to review the salaries and emoluments approved by the House for Members of the Executive.

In 1993, when the First Parliament of the Fourth Republic came into being, there was a huge debate over the emoluments of Members of Parliament (MPs) and Ministers of State.

Single Spine Salary Structure

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Salary administration, or compensation for working people in the country, is a headache for the government, employers, and labour.

It was in an attempt to address this challenge that the Ghana Universal Salary Structure (GUSS) was introduced, which was subsequently replaced by the Single Spine Salary Structure (SSSS) in 2010.

The implementation of the SSSS has not been without strong disagreement; as of now, some labour unions are agitating for the payment of market premium and placement on proper levels of the structure.

Pulse.com.gh is of the view that it is not just enough for Parliament, and the President to determine the emoluments and other benefits for Article 71 officeholders.

As workers too, their conditions of service must be in line with what obtains in the Public Service of Ghana.

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Nana Addo on Article 71

On June 19, 2019, President Nana Addo Dankwa Akufo-Addo in accordance with, Article 71 (1) of the Constitution, inaugurated a 5-Member Committee which is to make recommendations to him and to Parliament on the salaries and allowances payable, and the facilities and privileges available, to article 71 officeholders.

The Terms of Reference of the Committee are to make recommendations in respect of emoluments and other privileges for article 71 officeholders, as specified under the Constitution; and to examine any other relevant matter which the Committee deems appropriate to its work.

Former MPs petition the Presidency over GH¢29.7 million

A group of former MPs calling themselves Forum for Former Members of Parliament had petitioned the Presidency demanding their salary arrears of over GH¢29.7 million.

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They said, "Payment of such entitlement will rectify the current anomalous scenario whereby 2001 – [2005] Members of Parliament received higher pay than the 2005 – [2009] Members of Parliament."

The Chief of Staff, Madam Frema Osei Opare, in a letter dated April 22, 2020, asked the Auditor-General to do an audit verification on the request by the former MPs.

The list of the former MPs demanding salary arrears includes the current President, Nana Addo Dankwa Akufo-Addo whose grand total arrears is GH¢152, 336.05 and former President John Agyekum Kufuor who is also demanding GH¢226,251.98 as grand total.

Some current Ministers of State among those making the demands include Joe Ghartey, Gloria Akuffo, Albert Kan-Dapaa, Yaw Osafo-Maafo, Boniface Abu-Bakar Saddique, Kwaku Agyemang-Manu, and Osei Kyei-Mensah-Bonsu.

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