The spokesperson to President Mahama, and Minister of Government Communications, Hon. Felix Kwakye Ofosu, has appealed Ofosu to the Civil Local Government Staff Association, Ghana (CLOGSAG) to rescind its intended strike action.
This follows the declaration of a nationwide strike by CLOGSAG over the government’s refusal to recall the appointment of Mr. Samuel Adom Botchway as the registrar of the Births and Deaths registry.
CLOGSAG intends its strike, scheduled for Tuesday, 20th February, as a firm protest against Mr Botchway’s appointment, which they believe is solely politically motivated.
As such, the leadership charged all regional secretaries across the country, to prepare for the strike action.
Mr. Botchway’s official representation of CLOGSAG at the budget hearing at the Ministry of Local Government, Chieftaincy, and Religious Affairs triggered CLOGSAG’s declaration of strike letter.
The association hopes to pressure President Mahama to rescind his appointment decision.
The government has however pleaded with CLOGSAG to call off the strike, amidst explanations as to why President Mahama can not terminate Mr. Botchway’s appointment.
“For quite some time, CLOGSAG has been engaging the government and insisting that the registrar of the Birth and Death registry should be removed by the President” Hon. Kwakye Ofosu reported, confirming receipt of the association’s concerns to the presidency.
He however explained that CLOGSAG has been unable to rest its demand to terminate the said appointment on any legal grounds that may solicit compliance from the President.
A Law-Backed Appointment
“It must be pointed out that everything that the government does must be based on law, and must be guided by law. In fact, all of us as Ghanaians are enjoined to carry ourselves and conduct our activities on the basis of Ghanaian law.
“So when CLOGSAG makes a specific demand for some action to be taken in respect of appointments to certain government organizations. They must do so based on law.”
Hon. Felix Kwakye Ofosu, Spokesperson for the President and Minister of State for Government Communications
According to Hon. Kwakye Ofosu, the conformity of President Mahama’s appointment to law has been established with CLOGSAG in earlier engagements. The President has not erred in this regard.
“Now the Birth and Death registry does not exist in isolation. It’s an entity set up by law (The Registration of Birth and Death Act, 1027, 2020) which sets out in detail how the activities of that organization are to be conducted.
“In fact, when it comes to the appointment of a registrar, who is actually the head of that department, section 2 of Act 1027 makes it clear how it ought to be done”
Hon. Felix Kwakye Ofosu, Spokesperson for the President and Minister of State for Government Communications
The law gives the President jurisdiction over the said appointment, and his excellency has not exercised that power wrongfully. CLOGSAG’s argument against the position in question being a civil service role is not backed by the law.
“Section two of that law,” which deals with the appointment of the registrar of the Births and Deaths registry, cedes that honor to the President.
“Section 22 says, the president shall, in accordance with article 195 of the constitution, appoint the registrar.
“Now you may seek to inquire what article 195 says. Article 195 simply gives the president power to make appointments and in some instances allows him to delegate that power to other entities, individuals, and organizations”
Hon. Felix Kwakye Ofosu, Spokesperson for the President and Minister of State for Government Communications
He reasoned that the president is not in violation of the 1992 constitution nor in breach of the requirements of section 23 which stipulates “the academic qualification, experience, and knowledge of an appointee to the position of registrar”.
Unfortunately, whereas all lawful criteria for Mr. Botchway’s appointment, have been met by President Mahama and the government, the same cannot be said of the objection raised by CLOGSAG.
He further established that CLOSSAG’s demands aren’t, and cannot be based on claims of incompetence either, as the occupant, is extremely qualified.
Mr. Samuel Adom Botchway is experienced as a District Chief Executive from his time under the Mills administration, has many years of experience as a public servant, and has the requisite economic qualifications to hold the office of registrar.
Hon. Kwakye Ofosu’s response to CLOGSAG’s complaint that he is “politically exposed” was to buttress the non-exclusivity of the position of the registrar to civil servants.
“I have just read the law to you,” he said, “and you as journalists, I’m sure, have the capacity, to dig up this law and read it for yourself. There’s no where that it is said that the position ought to be occupied by a civil servant.”
Additionally, he corrected the possible notion of exclusivity that past civil servant appointments to the office in question might have given the leadership of CLOGSAG. The office is not entrenched in law as belonging only to civil servants.
He recalled a similar controversy against the Births and Deaths registrar appointee of former President Nana Akufo Addo, which resulted in an unsettled lawsuit as a case in point.
“Until this law is revoked or there are judicial pronouncements that say that this particular law is illegal and should be struck down, we believe that the president has acted correctly in respect of the appointment of Mr. Samuel Adom Botchway”
Hon. Felix Kwakye Ofosu, Spokesperson for the President and Minister of State for Government Communications
Having taken into consideration the demand of the CLOGSAG, which it holds in high regard, the government remains resolute in its stance and does not see any reason why Mr. Botchway’s appointment cannot be upheld.
The government called on CLOGSAG to cancel its strike and believes that, through re-focused dialogue and engagement an “amicable” solution could be found to its current “impasse” with the association.
Despite the power of strike actions in pressing demands and compelling governments to take action, this particular one is believed by the government to have no justifiable cause.
“It will be unfair to the people of Ghana,” he added, “who pay the wages of all public officials, including members of CLOGSAG” if they go on strike because of a belief not backed by law.
“I don’t think that we’ll be doing right by the people of Ghana if that position is sustained,” he said.
Referring to recent negotiations with the Ministry of Finance, regarding the minimum pay and base salary of workers in the country, the President’s spokesperson expressed the government’s unwavering commitment to the wellbeing of all workers.
He further called for “suggestions and opinions” from labor organizations that would aid the government’s desire, to vastly improve working conditions and environments of workers across the country.
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