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Time to review payment of ex-gratia to Article 71 office holders
Ex-gratia is a payment made as a favour or forms a sense of moral obligation rather than any legal requirement. This payment is made to compensate for the loss of contractual entitlement. It is made to an individual by an organisation, government, an insurer for damages or claims, but it does not require the admittance of liability by the party making the payment. It is, therefore, a voluntary payment or a gift to the recipient.
Since all payments received in connection with employment are taxable, ex-gratia which also forms part of emoluments, is subjected to tax by government. Since bonus is paid according to the employees’ performance in a company, the Bonus Act, requires that employees are eligible for an annual bonus ranging from eight per cent to 20 per cent of their salary. Ex-gratia, is therefore, an additional payment made by employers out of their goodwill.
CATEGORY OF WORKERS WHO ENJOY EX-GRATIA
One may argue whether an ex-gratia is part of salary paid to workers. It is not and can never be part of workers’ salary. Instead, it is a form of an incentive given by management to worker/employee either as gratitude for his or her extra work or of free will when the company is making a lot of profit.
In Ghana, the only category of workers who benefit from ex-gratia payment is Article 71 office holders made up of the President of the Republic, the Vice President, the Speaker of Parliament, the Chief Justice and other Justices of the Supreme Court of the country. The rest are Parliamentarians, Ministers of State, political appointees and public servants with salaries charged to the Consolidated Fund, but enjoying special Constitutional privileges. These Article 71 office holders already earn between GH¢28, 017.00 (minimum) and GH¢47, 277.00 (maximum) as monthly salaries, according to a research conducted. For instance, the Chief Justice earns GH¢34,146.00, Supreme Court Judge, GH¢33, 270.00, Appeals Court Judge, GH¢31, 519.00 and High Court Judge, GH¢28, 017.00 as monthly salaries.
MODE OF PAYMENT OF EX-GRATIA
This ex-gratia is paid according to the positions held by each individual occupying a position in government, and it is paid every four years when a certain political party has served its full tenure. The amount paid to this category of workers occupying executive position, ranges from GH¢366, 340.00 (minimum) to GH¢659, 392.00 (maximum).
It is important to note that our parliamentarians enjoy ex-gratia every four years, regardless of whether they are re-elected or not as “thank you” from the Ghanaian taxpayers. This, means that a member who let’s say has served for 20 years or more, will at least get five times ex-gratia. Records indicate that the longest serving MP during this Fourth Republic who served for 28 years, took seven times ex-gratia entitlement.
VIEWS BY A FINANCIAL CONSULTANT ON MPs EX-GRATIA
Dr Faith Ababio-Twi, Financial Consultant and Chief Executive Officer of FAB Consult, USA, in a recent article on payment of ex-gratia to parliamentarians, dwellt on the purpose of payment of ex-gratia to MPs, explaining that they devoted their time fully to make laws that would benefit the country. However, he said, the issue of absenteeism in parliament was of great concern to the Ghanaian taxpayers whose taxes were being used to pay them. Hear him, “It is an open secret that most MPs absent themselves from parliament to attend to their private businesses. Ex-gratia should not be automatic. It should be given to well deserving MPs not for people who just take up the mantle and do nothing in formulating policies that they swore an oath to undertake”. He said ex-gratia should be structured in a way to eliminate life-time election such as members who are career MPs.
MPs REMAIN UNITED WHEN IT COMES TO BENEFITS
Frankly speaking, how many times do Ghanaians hear that MPs from the opposite sides are divided over payment of allowances and other benefits? When it comes to sharing of vehicles, housing loans and other juicy benefits every four years, no member of parliament will be against it. The concerns of most Ghanaians are that should we remain aloof when our MPs continue to enjoy these luxuries at the end of every four years in addition to the payment of ex-gratia to them?
It is a fact that Ghanaians went to the polls to elect their MPs through voting the candidates of their choice to help develop their various communities for every four years, but what do we gain from them in return, since most of the communities still remain undeveloped whilst the MPs are enjoying their wealth and riding in luxury cars while they forget about the very people who put them where they are?
UNFAIR TREATMENT TO OTHER CATEGORY OF WORKERS
Does it make sense to hear that a headmaster who is a public servant who imparted knowledge and intellectual property for many years to train ministers of state, justices of the judiciary, doctors, engineers, journalists, nurses, other professionals and public servants goes home as retired educationist with no ex-gratia while others enjoy the facility? That to me and others who think alike is unreasonable and unfair.
It is recalled that when the eminent chief, Togbe Afede XIV, Paramount Chief of the Asogli State in the Volta Region, saw the need to reject the GH¢365, 000 that was paid into his account as ex-gratia for being a Member of the Council of State and returned the money to the state through the Bank of Ghana, many were those who read political meanings into his decision, with a wide condemnation of being mischievous.
TOGBE AFEDE’S LEADING EXAMPLE TO THE STATE
Togbe Afede’s explanation was that he received monthly payments and allowances while as a member of the Council of State and, therefore, there was no need for the payment of the ex-gratia. To him, that extra payment was inappropriate for a short, effective part-time work for which he received a monthly salary and was entitled to other privileges. His explanation did not go down well with his accusers, who branded him with all kinds of negativities and called him names.
It may be of interest to my readers and patrons that the Speaker of Parliament, Mr Alban Kingsford Sumana Bagbin, who can be described as the chief referee of our noble and august law making institution, Parliament, recently justified the payment of the ex-gratia to Members of Parliament. He contended that the money was very important for the sustenance of the MPs after serving the country. According to him, money spent by MPs to campaign for their elections was three times more than the ex-gratia they received.
PAYMENT OF EX-GRATIA NOT UNDER DISPUTE
The issue at hand as far as this ex-gratia is concerned is that, nobody is disputing the quantum and payment of this facility to parliamentarians, it is rather the mode for which these payments are being made and the calibre of people who are qualified to enjoy the facility. We are talking of a country which is experiencing serious economic crisis that has led us to the International Monetary Fund (IMF) to seek a bailout to restructure and revamp the downward trend of the economy. In the midst of all these economic challenges, we cannot continue to dish out money as ex-gratia to some government officials who are already enjoying fat and impressive salaries at the end of every month while the majority of workers continue to receive low remunerations.
REVIEWING EX-GRATIA AWARDS
Ghanaians are, indeed, suffering and have nowhere to turn to for survival and if those they are looking up to help them to confront these challenges, who are already living better with high salaries, are adding up to their wealth just to impoverish them, they will surely be agitated and condemn the package. It was time the nation took a second look at the laws regarding the payment of ex-gratia to Article 71 office holders, political appointees and other public servants and saw how best it could modify and review the law on Ex-gratia to reflect on the economic circumstances and other aspirations of our dear country. We cannot continue to pump money into areas that will not benefit the nation and for that matter Ghanaians in general.
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By Charles Neequaye
THE typical itinerant salesman in Sikaman is a herbalist. He is normally a slim macho with the capacity to perambulate the expanse of area covering the triangle of Accra-Tema-Ashiaman. In short, he can walk a total of 60 miles a day, marketing a product that cures every disease, including poverty. 
The door-to-door herbal pharmacist advertises his product by word of mouth. He has nothing to do with the Food and Drugs Board (FDB). After all, his concoctions do not feature on FM stations.
Those herbalists who cannot walk to propagate the herbal gospel, liaise with drivers of mass transportation and their mates. They are, therefore, given the chance to sell their products on Benz buses that ply the routes.
Normally, the herbalist starts his sales message with a prayer and Bible study. He asks the passengers to bow down their heads in supplication to God the father, the son, the Holy Spirit.
When a herbalist asks the passengers to close their eyes and bow their heads, Moslems on board naturally feel offended. They feel that the herbalist has no right to assume that every passenger is a Christian. They think such an assumption is an affront to Islam.
So a Moslem on board will raise the hand for a point of order. He’ll remind the herbalist that it would be in his own interest to mind his language.
“Be careful the way you address people in a public place. Not every person here is a Christian,” he’d state assertively.
Of course, the herbalist will promptly ignore him, but would all the same “watch” his tongue. Who knows whether or not the Moslem brother is inspired by Quoranic zeal to defend the tenets of Islam to the hilt?
When he starts saying, “Wallahi!” and “Inshallah!” it could be the beginning of proclaiming Islam as supreme, a point which must be driven home with talibanic precision.
So the herbalist must tread carefully lest he steps on fire.
The herbalist could even add a measure of mirth to it all, by announcing that Christians on board today have very interesting company on the journey, but that should not detract from the business of the day.
The Moslem brother will weigh the words carefully and offer a wry smile.
He must be careful the occasion does not degenerate into the use of semantics and proverbial oration to deride his conviction that public utterances must be mindful of religious sensibilities. He has made his point very clear and expects that it is taken in good faith in the interest of a peaceful journey.
The herbalist will now open the New Testament and preach salvation, stating clearly that salvation can come only through Jesus Christ and NOBODY else.
The Moslem brother will now start twitching his moustache. The visible and almost revolutionary reflexes of his upper lip can be an indication that sentiments have begun superseding reason, and the outcome could well be tragic now shift uneasily in his seat.
The time has come for him to also express his right to the religion of his fore-bears. He’ll put his hand into his pocket and rise to his feet. The time has indeed come!
This article was first published on Saturday, September 9, 2006
When the cause of a particular problem like sickness, disease, sudden illness, a social issue etc. are not known, it stands to reason that resolving it becomes a huge challenge.
Citizens would understand the government when public announcements are made to the effect that government is trying to find a solution to the issue, even though it is taking a while for it to be resolved because citizens are rational beings.
On the other hand, if the solution to a particular issue is known to everybody but the government for whatever reason, is dragging its feet in resolving it, citizens become frustrated and begin to lose trust in their leaders.
One such issue is the heavy traffic along a section of the Kasoa – Odokor road. A short stretch of bad road between the traffic light at the Weija Government Hospital and the entrance to the entrance of the overhead that leads to the N1, is the cause of the problem but nothing is being done about it, day after day, week after week, month after month. Thus is clearly unacceptable.
Another issue that requires urgent attention is the lack of pavements along a lot of streets in parts of the various Municipal Assemblies. Exercise is a prerequisite for long life and healthy living and for those of us who it has become a way of life, this issue of people putting up structures right to the edge of the drains beside the roads, are making life difficult for us.
We are compelled to walk along the roads, putting our lives at serious risk. Pedestrians should never be compelled to compete with vehicles on our streets and roads. Roads and streets are made for vehicles and pavements are made for pedestrians. That is the norm. Any attempt to normalise a situation where pedestrians are mingling with vehicles is insanity.
It is the road regulations that makes it so and therefore district or municipal assemblies are to take responsibility and ensure that spaces for pavements are not encroached upon. Citizens have rights that must be protected by their leaders and making pavements available to pedestrians, is one of them.
When we hear of teachers having sex with students, it appears it is something recent. It is not a new phenomenon. It has been there since Adam. Perhaps this issue is getting much attention due to the proliferation of social media. It was an open secret in times past when Teachers were in relationships with female students and some married them immediately after completion of school.
Some teachers were also known to be having unholy interactions with female pupils but due to the times that these acts occurred, human rights issues and the awareness around it, allowed such unscrupulous teachers to get away with their crimes.
Now we are in a different era and so a Headmaster is now in hot waters. He is alleged to have raped about 19 female students and as usual, some officials tried to cover it up and are also in hot waters and their actions or inactions in the matter are under investigation.
Why the man has been allowed to roam freely without being arrested is simply mind boggling. It appears that the law applies differently, depending on who you are. This issue came to public attention sometime in August this year, yet the police had not arrested or invited this man for question regarding the rape allegation.
It has come out that he is a Constituency Secretary of the ruling party and the question in the public domain is that, is it because he is a political figure that is why he is still walking around without questioning? I believe in the rule of law so let us hold our breadth and let the proper thing be done.
The police must however be seen to be active in this matter. God bless.
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