Linda Akrasi Kotey
28 August 2008
As part of its parliamentary studies program, the Institute for Democratic Governance (IDEG) has launched a book on the 'Executive- Parliamentary interface in the Legislative process (1993 - 2006), a synergy of powers', by Prof. Kwame A. Ninsin.
The book which critically accesses two governments, said though we have had a President with a military background, he showed a significant disposition towards compromise, cooperation and consensus, unlike the President who espouses a long tradition of liberal democracy and has shown less inclination to compromise, dialogue and cooperate with the minority party, when critical and contrary positions were expressed.
It further asserts that during the tenure of the President with the military background, he, together with his party's majority in the parliament did not always employ the advantages of power that he possessed over the legislature to get his policies through parliament.
It said, at crucial times he was responsive enough to cooperate with the legislature, make concessions and submit to the majority view or will where contrary views and opposition from within the legislature, including the minority side and the general public were weighed as worthy enough to deserve attention.
The evidence from the power dynamics in the legislative process strongly suggests that the peculiar culture of power that prevailed during the period- 2001 to 2006 accounts for the drift towards untra-majoritarianism.
It further mentioned that the particular norms about power shared respectively by the two regimes, decisively shaped their conception of how to accumulate and use power. This distinguishes the level of power mobilisation during the two periods in question.
It explains the fact that during the third and fourth parliaments, the Executive made maximum use of Articles 78(1) and 79(2) which provides that the President must appoint majority of Ministers and their Deputies from among members of parliament.
The author suggests that there should be the possibility of having an Executive and legislature controlled by different political parties- that is a President without a parliamentary majority.
He further stated that the parliamentary cycle should be decoupled from the Presidential cycle so that the tenures of office-holders of these two institutions will not coincide. This will go long way to neutralize a major executive weapon used to control the legislature-patronage.
The President will not be able to either infiltrate parliament using his power of patronage or tie the electoral fortunes of members of his political party to his own. The President will not be able to capture parliament through the power of patronage to co-opt individual members who may be in strategic positions in parliament.
Reviewing the book, representatives of the major political parties, the NPP and the NDC admitted that the majority and minority sides in parliament have to come together to fight this course.
The NPP, which was represented by the MP for Dome Kwabenya, Prof. Mike Ocquaye said whether one would like the findings of the book or not, it is necessary for the deepening of good governance in the country.
Prof. Ocquaye proposed that due to the findings of the book, all electoral cases sent to the Supreme Court must be respected by parliament, adding that the court should use only two weeks to look at those cases for speedy adjudication. He noted that the practice where every issue is politicised is becoming a cancer which must be looked at. This, he said was the politics of dichotomy which is not helping.
According to Prof. Ocquaye, lack of facilities such as offices, Research assistants and clerks for parliamentarians, does not allow for the effective discharge of their duties because in terms of logistics and human power, the legislature depends on the executive.
The NDC, which was represented by a senior lecturer at GIMPA, Mr. Kwamena Ahwoi, stated that in the first and second parliaments, the personality of the speaker, Justice Annan, was very important as it influenced the relationship between the two parties at the time. He called on various scholars to emulate the work of IDEG which he described as a fine piece of intellectual work.
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