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When laws do not work …is there justification for abnegation of responsibility? (Final part)

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Section 5 of the Bye-laws bans the playing of any recorded music for the purpose of advertising as it constitutes a public nuisance. Under section 6, no operator of a night club, restaurant or drinking bar or entertainment spot is allowed to play music in such a way as to cause public nuisance to the residents. The section emphasises that any music played in such a place must only be heard within the confines of the place.
Section 7 requires that music must be played “at reasonable pitch up to midnight,” during a wake or party. By operation of section 8 music played during church services must not be so loud as to cause nuisance to the public and residents. Written permission is to be obtained from the Assembly whenever music is to be played before 6am and after 12 p.m. during a religious service. Music played through public address systems in religious institutions or in entertainment halls must be confined to such places.
Ultimately, religious, commercial, educational, industrial or entertainment facilities sited in residential areas should limit their noise levels to conform to the prescriptions of the Environmental Protection Agency.
Users of generators are even expected to reduce the noise level so as not to cause nuisance to the neighbours. Contravention of any of the Bye- laws shall on summary conviction draw fines of not less than 50 penalty units or terms of imprisonment of four months or more. Both punishments could also be imposed.
THE ENVIRONMENTAL PROTECTION AGENCY
The Environmental Protection Agency is mandated by Act 490 of 1994 to carry out informative, enforcement and regulatory functions. The agency is to collaborate with Local Assemblies, other state and non- state actors to embark on systematic programmes of formal and non- formal education in order to create awareness of the importance of the field to economic and social life.
To ensure that the levels, intensity and quality of noise in the environment are controlled, the Agency serves notice and warnings on persons or organisations in breach of relevant laws and regulations. Ignoring the notices and warnings could result in arrests and prosecutions. The sector minister may even authorise the use of force to exact compliance.
The Agency has further leverage on noise disturbance through the issuing of permits for the siting within residential areas of facilities like factories, businesses, schools, houses of worship, drinking bars, night clubs and entertainment venues in such manner that residents will not be disturbed or inconvenienced by their activities.
Of particular importance is meeting the requirements of the Environmental Permit Assessment Regulations, 1999 (L I 1652). Environmental Assessment reports must be obtained before Environmental Permits are issued. The conditions are stringent and permits are renewable yearly, subject to due observance of the conditions in the course of the preceding year.
On the ground, the processes are often not followed through with the result that our residential areas have become cauldrons of noise making. Presumably the Agency is hampered by the human and logistical constraints it has always complained about. It has become normal for set- ups which do not have the requisite permits from the Environmental Protection Agency to continue to operate in the communities.
This is one institution with sound appreciation of the effects of unbridled noise making on life and recently it had to warn Ghanaians about the negative effect of excessive noise making on student performance. The due performance of its role would greatly enhance the prospects of quietude in our communities.
MEASUREMENT OF NOISE
It appears that the greatest hindrance to the handling of noise- related cases by both the Police and the Environmental Health and Sanitation Departments of the Assemblies is the introduction of Guidelines for Measuring the Ambient Noise Levels by the Environmental Protection Agency. The impression is that every noise- related complaint requires measurement and since the Agency itself does not have adequate stock of the measuring devices for its field offices, there can be no prosecution of persons who commit noise- related offences.
The reality is that some noise related offences like lack of Environmental Permits where required, absence of operational permits issued by Assemblies before commencing business or not having the written permission of an Assembly before embarking on a public activity which involves noise making between 8pm and 6am, do not require the measurement of noise. So would arresting without warrant any person engaging in noise disturbance on premises so as to disturb neighbours. A real paralysis of enforcement would result if the law is to be construed this way.
If the Police and the Environmental Health and Sanitation Departments of the Assemblies believe noise measurement is absolutely necessary in particular circumstances, they should approach the Environmental Protection Agency which has the statutory duty to compile the Environmental Reports they require to facilitate successful prosecution.
The Agency is forthcoming even in civil cases like the epoch- making suit involving two Haatso-based churches. Here, the learned judge relied upon the report of the Environmental Protection Agency to make a finding that the noise level the two churches made “was excessive and violated the regulations of the Environmental Protection Agency.”
A take away from the decision in that case was the award of damages against the Assembly for recklessly violating the rights of the plaintiffs by granting permission to the churches to operate in a residential area without regard to the interests of the residents.
The Daily Graphic had hoped that “the judgement will not only serve as a reference point for such cases in future but also empower citizens to use the courts to address issues of noise- making.” Recourse to the courts is, however, not necessary when it is the duty of statutory institutions to provide such services at no further expense to the tax- payer.
We all know that at the root of our development problems is our reluctance to enforce laws and regulations which have been painstakingly crafted and enacted after much exertion and considerable financial expense. We tend to admire advanced societies when the only difference between us is our varying approaches to governance.
The tragedy of our underdevelopment remains the abhorrent attitude of public officials who totally abnegate their responsibilities and their administrative and political supervisors who also fail to ensure such officials are punished for non-performance.
Now that some degree of attention is being paid to its Siamese twin, sanitation, it is the expectation that our political and administrative authorities would offer determined leadership to seriously address a phenomenon which is imperceptibly contributing to conditions like cardio- thoracic diseases, diabetes, aborted foetuses, neurosis and hearing loss.
The author is the former Director General
of Ghana Prisons Service

By William K. Asiedu

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This sanitation issue!

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Some things do not change in this country.  The rains shall fall in May, and June and even July.  That is out of our control.  It is an act of God and he decides how often and the intensity.  Who are we to question God? 

However, there is something man-made that is gradually becoming something that is also not changing and it is worrying.  A week ago the President initiated a national clean up campaign to address the issue of sanitation in the country, especially in Accra. 

Citizens enthusiastically got involved and engaged in cleaning their environment and other places but afterwards, the issue that is becoming a permanent feature resisting change, reared its ugly head again. 

The rubbish and the silt that were dug out of the drains, were heaped on the shoulders of the drains and left there.  Any little rain will render the whole effort futile because the rubbish and silt will be washed right back into the drains. 

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This is what is not changing in the country and the various assemblies must ensure that this issue is dealt with and must become a thing of the past.

There is the need to engage the citizenry across board, in connection with mindset change, as far as sanitation is concerned.  At this juncture, I must acknowledge the thoughtful initiative of the current crop of Abenfo (i.e. students both present and past) of SUTESCO of Suhum, with support of the school administration for decorating the area under the overpass on the Accra Kumasi highway, near the school, with fascinating paintings.  This is an example worthy of emulation and makes me proud as one of the Abenfo. 

An example not worthy of emulation is an eyesore currently existing behind a cemetery along the Atta Mills link as you branch left, off the main Accra-Cape Coast road at Old barrier and head towards the beach through Aplaku, Bortianor, Oshiyie, Korobite through to Tuba and beyond. 

The drain along the walls of the cemetery also lying astride the road, is choked with silt and rubbish.  This has created a problem near the end of the cemetery wall just before you enter Bortianor. 

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Water has accumulated at that point, creating potholes and also gradually creating a channel across the road, creating a nightmare for motorists using that route.  This route is the main link between parts of Kasoa and the Accra – Cape Coast road and whenever it rains and the Atala stretch of the road is blocked, that is the route most motorists from Kasoa uses.

It is also the route used by tourists going to the beaches along the sea of the towns stretching from Bortianor to Kokrobite and so it does not speak well of us, as a nation at all.

A few days ago, I had to pass through Tema Station, the place where a major clean up exercise was conducted just fews days ago and it was very shocking to see the level of wanton littering that had taken place. 

One begins to wonder if this whole exercise initiated by the President was worth it.  People just do not care and are not willing to change their attitude towards sanitation. 

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We cannot continue like this and to win this battle against insanitary conditions in our environment, the NCCE must be resourced to embark on a serious educational drive.  The MMDCEs must also be held accountable for sanitation lapses in their administrative areas, by making sanitation part of their KPIs among other innovative policies.  This is one of the surest ways to overcome this sanitation challenge confronting us. God bless.

By Laud Kissi-Mensah

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Disqualified — Part 1

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THE discussion lasted only ten minutes. Mr Philip Sampson, Eunice’s father, had asked to see him, and he was led to the sitting room for the first time. Mr Sampson indicated that he should sit down.

‘Yes, Kakraba. I know that you have been, er, friends with Eunice for some months now, and naturally, as her father, I thought it would be important to meet you, and to reach an understanding with you on, er, some basic issues. So, I hear you are a graduate in building technology. Now, tell me about what you do’.

‘Okay. I worked with the Electricity Company for two years after National Service. During that time I interacted with some lawyers and land surveyors on our project sites, so I suggested to some of them that we take some dilapidated buildings in some parts of Accra, rehabilitate them and find new owners. Soon after starting that I got a job as Project Manager with a group of development agencies who are executing projects in the Northern Region, so I have been balancing the two positions’.

‘I see. That sounds like a bold step. So is it going well, financially?’

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‘Well, sir, I absolutely enjoy what I’m doing now. Financially, I would only say that I am a work in progress. A lot of what I’m doing now involves some risk taking, as it involves trust issues with land and property owners.

I am partnering with prominent lawyers and land surveyors, so I am not taking any serious risks. So currently I am doing okay financially, but it will take me some time before I reach the level where I can say I am comfortable financially.’

‘Okay. Now tell me about your parents’.

‘My father was an Agricultural Extension Officer, so we spent some time at several locations with him. He is now enjoying his retirement. And my mother is a retired nurse. I have three elder sisters, all married’.

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‘So you live with your parents?’

‘Yes and no. My dad built his home on one acre at Pokuase, so he gave me one plot, and I have done a three-bedroom house, where I live’.

‘Okay, fine. Thanks for the answers. You see, in addition to my position socially, I spent many years in the diplomatic service, so I’m sure you will understand that I need to ensure that my kids, especially my daughters, maintain suitable relationships. For now I think it is fine that you and Eunice are friends. I’m sure you understand what I mean’.

‘Yes sir. I understand perfectly well.’

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‘Great, okay, that would be all.’

Kakraba stood up, bowed and said thank you to Mr Sampson, and walked to the garden where his girlfriend Eunice, her mother Mrs Elaine Sampson and her two elder sisters, Yvonne and Emma, were seated, busily discussing some dresses being offered for sale online.

‘So,’ Mrs Elaine asked him, ‘you and Daddy had a good discussion?’

‘Yes, Ma. We certainly did. I really appreciate Dad for the discussion. It was really good.’

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‘Great. Although he has met you here on quite a number of occasions, I think it is good that you have met for a chat.’

‘Yes indeed, Ma, and I really appreciate it. So Eunice, I will be on my way. I will call.’

Eunice led him to his car, and after driving off he exhaled and shook his head. Although he had long concluded that Eunice’s family were so snobbish that a future relationship with her would be problematic, this discussion, or was it interrogation, had virtually cancelled any likelihood.

Mr Sampson just told him, in no uncertain terms, that the Sampson family was so prominent and socially connected that a union between his daughter and him was undesirable.

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He had a good relationship with Eunice. They shared some beautiful moments together, and often went out to entertainment joints, often with her three friends Marian, Patricia and Amanda. But Kakraba was often uncomfortable with their preferences.

Eunice regularly spoke about her family’s experiences during her father’s postings in Europe and Asia, and her three friends were always discussing the latest fashion trends, always noting the importance of placing themselves among the best-dressed ladies in town.

Eunice, her mother and siblings had indicated in several ways that he did not quite fit into their social standing. They had only said a mild ‘thank you’ when he brought them a goat or sheep and a generous amount of foodstuffs from the north every month.

But Kakraba did not really take it to heart, because they were quite inexpensive up north. Moreover, he always went to the food market and arranged with the truck drivers for a big package which was picked up by his buddy Paa John and delivered to his family and a few others, including the Sampsons.

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By Ekow de Heer

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