Daniel Domelevo, former Auditor General, has commended President John Mahama for directing sworn-in ministers to declare their assets, describing it as a positive step.
However, he suggested a more proactive approach, recommending that ministers declare their assets before being sworn in, as required by Article 286 of the Constitution.
“But since he’s not going to be appointing the ministers and the officials all on one day, I think he can give a deadline by saying, maybe I’m giving you a week or two weeks after the appointment you must declare.
“I think that would be a bit fairer than just coming out with one day which is to be difficult for all of them to comply with”.
Daniel Domelevo
Commenting on the reference to the Public Office Holders Declaration of Assets and Disqualification Act 1998, which allows up to six months for asset declarations, Dr. Domelevo questioned how an act of Parliament could override Ghana’s Constitution.
He cited Article 1(2), affirming the Constitution as the supreme law, rendering any conflicting acts null and void.
He recalled that Occupy Ghana had written to then-Attorney General Gloria Akufo about the Act’s contradiction with the Constitution, and she acknowledged their position.
According to him, Occupy Ghana also urged Parliament to amend Article 550 to align with constitutional requirements.
“That has not yet been done. I’m aware also that there’s a case at the Supreme Court for that amendment to be done or that declaration to be made. I don’t subscribe to an act of Parliament overriding the Constitution. I don’t think it’s tenable”.
Daniel Domelevo
He emphasized the need to fully respect the Constitution, stating that the six-month window for asset declaration is excessive, allowing room for abuse through anticipatory declarations.
Domelevo added that in many countries, asset declaration is required before appointment, not after. “And that’s what I think our Constitution wanted to say, that before taking office, declare”.
Domelevo emphasized that practicality and legal requirements may differ, but declaring assets typically requires less than an hour, except for multimillionaires.
He mentioned having declared his assets twice and questioned if a minister could not allocate an hour or two to fulfill this Constitutional obligation.
Inaction on Computerized Asset Declaration System Questioned
Furthermore, Daniel Domelevo expressed confusion over the non-use of the computerized asset declaration system implemented during his tenure as Auditor General.
He noted that the system was developed, tested, and piloted with audit staff, allowing for online submissions with attachments.
Domelevo also emphasized the need for physical verification of declared assets and highlighted that relevant provisions must be made to that effect in the Public Office Holders’ Bill, questioning the effectiveness of passing a new bill without such measures.
“The new bill must provide for physical verification of the assets and the liabilities, not the verification of the declaration on the form. But then we must match what is on the form to the physical assets as well as the liabilities.
“So we must see the physical evidence to support the declaration that has been made. Again, there must be penalties for noncompliance. You cannot just leave as usual and say that because there is no law, no”.
Daniel Domelevo
Domelevo further emphasized the importance of legislation prescribing penalties for noncompliance with asset declaration, suggesting expulsion from office for non-declaration.
He stressed the significance of public disclosure to prevent misuse of public funds and to allow public oversight.
He also advocated for a public declaration to ensure accountability, although he acknowledged that any form of declaration would be a step forward.
“Declaration was quite low until in 2018 or 2019 thereabouts, I made it one of the key things in the audit. So during the annual audit, when the audit team arrives, the first thing they look for are the people in the organization who are supposed to declare their assets.
Daniel Domelevo
Domelevo also revealed that auditor reports of non-compliance led to a significant increase in asset declarations, from about 19,000 to nearly 50,000.
He proposed that the Chief of Staff mandate asset declaration within a week of taking office to ensure compliance.
He emphasized the importance of passing the Internal Audit Agency Bill to guarantee the independence and professionalism of internal auditors.
Domelevo also called for prompt implementation of audit findings and suggested that internal auditors acquire specialized skills to prevent corruption effectively.
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