The Attorney General, Godfred Yeboah Dame, has suggested the enactment of the Conduct of Public Officers law to help in addressing issues regarding financial portfolios held by public officers before assuming public office in the country.
Speaking at the annual conference of the Ghana Bar Association (GBA),;he said corruption has become an issue which has proven its capacity to deter the prosperity of nations around the world,;erode public trust in governments and undermine commerce.
He further stated that if corruption is not nipped in the bud,;all the aspirations of maximizing revenue and making Ghana a haven for business will be futile.
“Mr. Chairman, I am continuing with the process of strengthening the systems in place for preventing corruption;by ensuring that a set of far-reaching and perhaps,;a more fit for purpose set of regulations for the conduct of public officers is laid down,;through the enactment of a Conduct of Public Officers law.
“The proposed Conduct of Public Officers Bill,;which has already gone through discussions by various stakeholders at a forum organised over a month ago,;will follow the example of legislation in other jurisdictions like the United States of America,;Kenya and the United Kingdom in addressing issues regarding financial portfolios held by public officers before assuming public office,;links to family business, professional practices, property, investments/shareholdings and other assets, self-dealing, partiality in the performance of duties, use of public or confidential information to further private interest,;improper enrichment, care of public property.”
Godfred Dame
Bill to identify information of private interest
Godfred Dame further said the Bill will also identify information to further private interest, improper enrichment,;care of public property. Also, he noted the Bill will address matters relating to sexual harassment and will provide a gamut of stringent administrative measures and sanctions to deal with violations of the law,;ranging from a bar against holding public office to penal measures.
Amend Contracts Act
Godfred Dame moreover requested government to amend the Contracts Acts;to disallow the payment of compound interest by the State in transactions entered into on her behalf by public officers.
According to him, the State’s “hard-pressed purse” is affected by the award of judgment debts in various “unconscionable” transaction. He explained that when such transactions go unnoticed,;the State is ordered to pay huge compound interest on debts accruing from such transactions. Also
“The recent example of a financial house claiming payment of over ¢1.3 billion;from a transaction involving a meagre ¢268,000;even after the State had already paid over ¢79 million,;simply because the agreed rate of interest was compound interest, comes to mind. It took the intervention of the Supreme Court in the exercise of its inherent jurisdiction,;pursuant to an application by the Attorney-General to declare further payment as unlawful.
“I propos Parliament to pass it,;as a matter of urgency, an amendment to the Contracts Act,;1960 (Act 25) to disallow. This urgent amendment to the Contracts Act will explicitly forbid a public officer;from entering into a contract on behalf of the State and stating the rate of interest to be compound interest”.
Godfred Dame
Additionally, he revealed that amending the Act will prohibit;the occurrence of the situation which calls for the Supreme Court’s intervention and save the State;enormous income which can be utilized for development. Also
