POLITICAL PARTIES LAW IN GHANA

POLITICAL PARTIES LAW IN GHANA.
(How effective is the law in our political arena)
feature article
by: Gilbert Amoyaw Sam
This is the five hundred and seventy-fourth act of the parliament of the republic of Ghana entitled the “political act”, 2000. An act to revise the statute on political parties to bring the provisions in conformity with the constitution and to provide for related matters.

Political parties are creatures of law. Therefore, political parties must operate in a manner that honors the law, not to stifle or break it.

A political party is a political organization that typically seeks to attain and maintain political power, or a group of people who share the same ideas about the way the country should be governed.

In Ghana here, there are so many political parties, but we have two party systems, which means that there are two dominant political parties, with extreme difficulty for anybody to achieve electoral success under the banner of any other party.

Participation in a political process is one of the tenets of true liberal democracy. In Ghana, article 55[2] of the 1992 constitution guarantees that every citizen of voting age has the right to join a political party.

A member of a political party is primarily expected to participate in the political process with the aim of lawfully and positively influencing the composition and policies of the government. He is also expected to contribute, financially or otherwise, to the realisation of the core objectives if his party. So far there has been about 20 political parties in Ghana now within the forth republic. They are; CPP, NCP, PCP, NIP, PHP, DFP, DPP, EP, GDRP, GCPP, BNP, NDC, NPP, NRP, NVP, PNC, RPD, UGM, ULP, and the URP. And as time goes on, I know very soon some other political parties will be formed under this particular law of the party’s law.

With the formation of the political party laws, which deals with the founding of political parties, these parties are in the forth republic and are functioning in the country.

Another thing the laws also talks about which is the (section 2) is “participation in politics”, which says that “every citizen of voting age has the right to participate in political activities intended to influence the composition and politicize of the government. But one thing that the law talks about, with even fines, which I think is not really working in out country is the formation of organizations or group outside the political party which has interest in the affairs of a party and its members joining the party as well.

Political parties operate to; participate in the shaping of the political will of the citizenry; disseminate information on political ideas, social and economic programmes of national character; and sponsor candidates for elections to any elective public office except that of District Assemblies or lower local government units, but (only god knows if they do not sponsor candidates for District Assembly elections). Political parties, in performing these functions, are subject to the laws of Ghana. Therefore, a member of a political party is not immune to legal sanctions upon breaching any law in his quest to achieve any political objective, through unlawful means. Unfortunately, some political parties continue to entertain impunity in the Ghanaian society by shielding their undisciplined members from legal discipline.

This attitude has been the bane to Ghana’s smooth political advancement since independence. This article advocates for a change to curtail this untoward conduct. Indeed, our laws should be allowed to whip members of political parties who joke with the law.

In all indications, I think this particular law of the parties is not really working. We have seen groups and organizations which are affiliated to a party. The groups are mostly formed when they are in opposition. Lot of groups have been formed which in one way or the other supports a political party. A group like the Danquah- Institute is an NGO, but it is really clear that that group belongs to the NPP. Another group is the 31st Women’s Movement which is also an NGO but supports the NDC. Lot of other groups have been formed to either support this party or the other. So where is the law now on this?

Another law which I think when given good ear to it will solve some of the conflicts in our country is the “prohibition of ethnic or religious parties”. This is one of the laws which really need to be looked at very carefully. Most of the ethnic conflicts and misunderstanding comes from the ethnic affiliation in our parties. I think this particular law is not working in our party laws. We see political parties being associated with ethnic groups. A typical example of such is the Eve’s and the Ashanti’s (Akans). The eves are associated with NDC and the Ashanti’s to the NPP. The NPP was founded with the spirit of Akans and are typically Akans affiliate, whiles the NDC are the Eves and also the Northern part of the country as well.

This has brought conflicts in most of our ethnic society, with even chiefs and opinion leaders involving themselves in partisan politics. There was an incident that one of the great chief in the country asks his people to vote for a particular party candidate. In Accra here, it was out that one of the chiefs was not invited for a public gathering by the current ruling party because they said they do not recognise him as a chief and he was installed by the previous NPP government. Now I political party is out which has a spiritual leader as its leader has also been registered in the country, with the.

The law also talks about registration of political parties, which says that “A political party shall be registered in accordance with this Act and shall pay in respect of the registration such fees as the Electoral Commission shall by constitutional instrument determine” I know most of our political parties have been registered and has been endorse by the electoral commission. It also says that a political party shall upon registration under the Act be a body corporate with perpetual succession and a common seal, may sue and be sued in its corporate name, and shall have the power to acquire, hold, manage or dispose of movable or immovable property and enter into any contract or other transaction as any legal person.

Qualification of founding and executive members of political parties is subject to this Act that, a political party shall have executive and other officers as its founding members shall determine. And its also says that only qualified citizens are to be elected appointed by its members to be elected as members of parliament or as a president. Most of these laws are perfectly working and has been given an eagle eye on them.

Declaration of asserts and expenditure by political parties is also one of the laws of the parties which give them ninety days to submit a written documentation for the declaration of all its asserts and expenditure to the electoral commission. This law is also on tract and working perfectly.

Another law which saw the late Dan Lartey, the founder of the GCPP out from the 2008 general elections, for failing to furnish the commission with the details of the existence and location of its national, regional, district and constituency officers, with their names, titles, and addresses of them. It says “within ninety days after the issue to it of a final certificate of registration, a political party shall furnish the Commission with details of the existence and location of its national, regional, district and constituency offices”. And this should tell you how important this law was or is.

These and some of the laws of the political parties in the country are really working very well, but in all cases there will be some lapses here or there which will hint of or two laws to function as expected, but I know the electoral commission will take a look at this and will work very hard to cover up the lapses in all the laws to promote smooth operation of politics in our country for the betterment of citizens.