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Time to review payment of ex-gratia to Article 71 office holders

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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.

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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.

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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?

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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.

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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

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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.

Contact email/WhatsApp of author:

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ataani2000@yahoo.com

0277753946/0248933366

By Charles Neequaye

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Features

Traffic jam on Weija-Kasoa highway

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I experienced something on Monday, June 15, that really frustrated me.  I had to go to the ministries but I could not get up early that day so I decided to pick a taxi and get to the Tuba Junction. 

When I got there I realised that Traffic had built up from the Toll Booth towards Accra.  After a while I got a Taxi and it was when we got to a certain spot on the road, that I realised why there was a traffic jam. 

There is a short stretch of the road where each time it rains heavily, loose material run down the hill onto the road, blocking one side of the road.  Vehicles from Kasoa to Accra are then forced to move into one of the lanes of those going towards Kasoa from Accra. 

The two lane road from Accra to Kasoa becomes a single carriage way.  That was the reason for the traffic jam from the toll booth onwards.

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This has been a perineal problem and yet, no permanent solution has been found till date.  The area falls under Ga South and even though, a new MCE has taken over, the technocrats are still there and so the problem is not new to them.  

There is therefore no excuse for the inability of the Ga South Metropolitan Assembly to resolving the problem on that stretch of the road.  Apart from the Ga South Metropolitan Assembly, another institution that must be held accountable is the Ghana Highways Authority. 

The Highways Authority cannot say they are unaware of this issue.  The fact that the problem falls within the area of responsibility of the Ga South Assembly, does not relieve the Ghana Highways Authority, of their responsibility of ensuring that our highways are maintained in a motorable state at all times. 

A collaboration between the Ghana Highways Authority and The Ga South Municipal Assembly is required for a permanent resolution of the problem.

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There was another traffic jam at a place called Atala about 250 metres to the traffic light at Old Barrier as a result of an issue similar to the one close to the toll booth, that I talked about earlier. 

When we got to Weija junction, we encountered another traffic jam. The cause of this jam was a bad condition of road about 80 metres from the traffic light at Ga South Hospital heading towards Accra.  

Due to the bad nature at that section of the road, vehicles are compelled to slow down resulting in a traffic jam stretching all the way to Weija Junction.  

I started wondering if that short stretch of road cannot be sorted on one Sunday when traffic is usually light.  When we got to the traffic light at Odorkor, there was another issue. 

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When the traffic light shows green, there is a slow down because there is a big pothole or should I say manhole in the outer lane, right at the traffic light.  Vehicles in the outer lane are compelled to swerve into the second lane thereby causing a traffic to slow down and resulting in a traffic jam.

It is very important to take into account the effect of traffic jam on the national economy.  If we are able to assess the value of the loss to the economy of the nation, I believe the issue of traffic jam will be prioritised. 

Imagine persons working at various Government Organisations like Registrar General’s Department, Ghana Ports and Habours Authority, Ghana Revenue Authority, CEPS etc. and lives at Kasoa and whose job is to collect revenue for the state and is held up in traffic. 

Just imagine the effect their lateness to work will have on the economy if you consider the delays in say clearing of goods at the port and as a result traders cannot sell their goods for government to generate the required taxes.

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Let us deal with the traffic jams on our streets to promote economic growth. God bless.

By Laud Kissi-Mensah

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Features

Understanding mortality: Exploring the complexities of human existence

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Mortality is an inherent aspect of life, a universal experience that has sparked philosophical, theological, and scientific inquiry throughout human history.

This article aims to provide a comprehensive and nuanced exploration of mortality, acknowledging the complexity of the topic and the diverse perspectives surrounding it.

The biological imperative

From a biological standpoint, death is a natural part of the life cycle. It serves as a mechanism for the evolution of species, allowing for the passing on of genetic material and the adaptation to environmental changes.

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Evolutionary perspective: Death allows for the recycling of resources, promoting the survival and adaptation of species.

Life span and senescence: Cellular aging and the limitations of biological systems contribute to mortality.

Philosophical and existential perspectives

Existentialism: Emphasises individual freedom and responsibility in the face of mortality.

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Meaning and purpose: The finite nature of life can prompt individuals to seek meaning and purpose.

The human condition: Mortality is a fundamental aspect of the human experience, shaping our perceptions and values.

Cultural and spiritual views

Afterlife and spirituality: Many cultures and religions believe in an afterlife or spiritual continuation.

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Rituals and mourning: Cultural practices surrounding death reflect the significance of mortality in human experience.

Legacy and remembrance: The impact of one’s life can transcend mortality.

Ethical considerations

End-of-life care: Ethical debates surround issues like euthanasia, assisted dying, and palliative care.

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Quality of life: Balancing the value of life with the quality of life is a complex ethical issue.

Resource allocation: Societal decisions about healthcare and resource distribution involve considerations of mortality.

Psychological impact

Grief and loss: The experience of mortality can evoke profound emotional responses.

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Fear and anxiety: The awareness of mortality can lead to existential anxiety.

Appreciation and gratitude: Recognising mortality can foster appreciation for life.

Conclusion

Mortality is a multifaceted aspect of human existence, influencing how we live, relate, and find meaning. Understanding and acknowledging mortality can prompt deeper reflections on life and our place in the world.

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By Robert Ekow Grimmond-Thompson

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