GRi in Parliament 12 - 06 - 2002
Property Rights in Marriage Bill in the offing-Papa
Accra (Greater Accra) 12 June 2002- A bill that seeks to address the nagging question of who owns what property in marriages would soon be presented to Parliament. Papa Owusu-Ankomah, Majority Leader and Minister of Parliamentary Affairs, told the house that the Attorney General's Department was preparing the first draft.
The leader who was answering questions in the House on Tuesday said the bill would streamline the law on property rights of spouses by providing a uniform method of dealing with such matters within the range of cultural and religious practices of the country.
Papa Owusu-Ankomah said the draft was being informed by proposals from the Law Reform Commission, NGOs as well as papers prepared by Prof. Akua Kuenyehia, Dean of the Law Faculty, University of Ghana, on the subject. "The complexity of the subject is compounded by the various issues needed to be taken into account in order to achieve equality and equity between the spouses."
He said some of the pertinent issues the bill would address include, whether all properties, movable and immovable should be distributed among spouses upon separation, the formula for distribution and its basis, the proportions for non-working spouses and whether spouses should distribute property between themselves when they were still living together.
Also to be considered is the issue of appropriate forum for the distribution of properties and whether the extended family of both spouses could be said to have any share in the self-acquired property of the spouses.
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Accra (Greater Accra) 12 June 2002- Parliament on Tuesday decided to refer a complaint about perceived corruption in the judicial service to its Select Committee on the Judiciary for deliberation.
This was after Mr Francis Aggrey Agbotse, NDC Member for Ho West made a statement expressing concern about the perception of corruption in the judiciary and its effect on foreign investment in the country.
Most members of the Majority, including the Leader, Papa Owusu- Ankomah and the Attorney-General and Minister of Justice, Nana Addo Dankwa Akufo-Addo vehemently protested against the Speaker's ruling, saying it was a matter which should have been brought in the form of a motion for it to be debated upon.
They contended that by referring the matter to the Judiciary Committee it would not only ridicule individual members of the judiciary but it would create a negative public image of the judiciary.
The Speaker, Mr Peter Ala Adjetey said referring a matter to a committee was to allow members of the committee to look into the issues raised and advise the House accordingly.
Mr Adjetey said it seemed there was a general concern about perceived corruption in the judiciary, and since the House was sufficiently concerned with the issue, it was prudent for the matter to be referred to the appropriate committee to look into it because it involved issues that affected the administration of justice
He said the matter was also of public concern and it was legitimate to be debated in Parliament so far as no particular allegations were made against individual persons.
Mr Agbotse said there had been allegations of corruption in the judiciary and if that perception was found to be true it would do the nation much harm particularly in driving away foreign investors. He therefore called for urgent steps to allay public fears. "Zero tolerance for corruption would be empty and meaningless slogan if concrete steps are not taken to stamp out corruption wherever it exists", he said.
Mr Agbotse said if legal practitioners began to question the fairness of judgements not because of errors but because the judiciary was corrupt, then the nation was in economic and moral trouble, adding that corrupt businessmen, civil and public servants would find solace in a corrupt judiciary.
He said it was time for parliament to wake up and invoke its investigative powers to look into the judiciary and the Judicial Service on the issue of corruption. Mr Agbotse suggested that the Speaker should direct the Judicial Committee to institute investigations into the allegations and report to Parliament.
Alhaji Malik Al-hassan Yakubu, NPP-Yendi said it was a sensitive issue, which dealt with an arm of government and the administration of justice and so it should be looked at critically. He said there was the need for the value of the statement to be examined by the committee to enable Parliament to come out with concrete suggestions.
Dr Mustapha Ahmed, NDC-Ayawaso East said corruption could be reduced through improved remuneration for workers. Mr Doe Adjaho, NDC-Avenor said corruption should not be attributed to the judiciary alone because it permeated the social and public sectors. He said it was obvious that the government was losing its battle on "zero tolerance for corruption" and was finding it difficult to cope with the situation.
Papa Owusu-Ankomah said corruption had been the bane of the country, which the previous government failed to handle effectively, adding that this time round the government was tackling it through institutional arrangements.
He said the constitution was clear on how to deal with members of the judiciary and it was not proper to discuss it in parliament adding that allegations against institutions should be looked at critically and not to make general statements against another arm of government. Mr Charles Omar Nyanor, NPP-Upper Denkyira said getting evidence on corruption was not easy, adding that corruption permeated all sectors of the economy.
Dr Kwabena Adjei, NDC-Biakoye said it was the notion by the public that only government appointees and public office holders committed corruption while those actively engaged in huge corruption were left untouched. " We are all perceivers of corruption, " he said adding that those who rushed to report corrupt officials were more corrupt
Mr Victor Gbeho, Independent Anlo, said when the matter was referred to the Judicial Committee it would enable those with the necessary facts to make them available for informed decision to be taken. He suggested decisive enforcement of the law against corruption, for the people to work hard and be remunerated accordingly.
He said moral codes must be enforced from the school level. Mr Edward Osei-Kwaku, Minister of Youth and Sports and NPP-Asokwa West said the issue of corruption was a serious one and measures should be taken to eradicate it.
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