Ghana’s legislative arm has been at the centre of attention this year, with less than two months until the 2024 general election, over the ongoing debate about which political party will form the Majority Caucus in Parliament.
The Speaker of Parliament, Alban Bagbin, suspended parliamentary proceedings just a week after the House reconvened. This followed the Supreme Court’s order to stay his declaration of four seats, which would have made the opposition National Democratic Congress (NDC) the Majority Caucus in Parliament.
The Supreme Court’s decision was in response to an application filed by the leader of the New Patriotic Party (NPP) MPs, Alexander Afenyo-Markin. He argued that the Speaker erred in his declaration and that allowing the NDC to form the Majority Caucus could hinder the Nana Addo Dankwa Akufo-Addo government from operating effectively.
NPP MPs fear that Bagbin’s decision could lead to government business in Parliament being obstructed, causing potential disruptions in the management of the country’s affairs.
But are the NPP’s concerns warranted? Could an NDC Majority indeed obstruct the government’s legislative agenda in the House?
Would an NDC Majority Caucus prevent government business?
First, it is essential to understand how government business is introduced to Parliament and whether it is obligatory for this to happen.
Powers of Parliament
Aside from its legislative duties, Ghana’s 1992 Constitution grants Parliament control over all public funds (referred to as the “power of the public purse”). Article 174 of the Constitution states that “no tax can be imposed without the authority of Parliament.”
Additionally, Article 178 stipulates that no money can be withdrawn from the Consolidated Fund without Parliament‘s authorisation, except in cases where funds are charged directly on the fund.
Parliament also has the constitutional duty to monitor public expenditure, ensuring that the monies it authorises are used for their intended purposes, and it can take appropriate action based on the Auditor-General’s Reports.
Furthermore, Parliament is mandated to approve loan agreements (Article 181), monitor foreign exchange receipts and transfers (Article 184), and authorise tax exemptions or waivers (Article 174).
How is business introduced to Parliament?
The Business Committee of Parliament proposes the business for each sitting and the order in which it is to be considered. This committee comprises 21 members, with 11 from the Majority and 10 from the Minority, and is chaired by the Majority Leader. The committee agrees on the daily Order Paper, which lists the business to be debated, such as motions or bills.
Parliamentary Committees
Issues brought before Parliament, including loan approvals or appointments, are referred to one of Parliament’s 12 committees, depending on the subject matter. The committees, which can have up to 25 members, deliberate on these issues and submit reports to the House.
Committees are chaired by members from the Majority, giving them an upper hand in decision-making. If the Majority dominates a committee, it can ensure that issues supported by the government are likely to be approved.
For example, if the Akufo-Addo government proposes a new tax, and it is referred to the Finance Committee (chaired by the ‘Majority Leader’, Dr. Cassiel Ato Forson of the NDC), the government will need the support of NDC MPs, who would have more members on the committee.
Even if the Finance Committee supports the tax proposal, it will still require support from the NDC MPs in the plenary. Parliamentary Standing Orders dictate that a motion is “considered lost” if the Ayes and Noes are tied. Therefore, with the NDC’s 136 MPs against the NPP’s 135, the NDC would hold the final say on any motion raised in Parliament.
Could an NDC Majority Caucus repeal taxes like the E-Levy or Betting Tax?
NDC MPs have expressed their intention to repeal certain “obnoxious” taxes, including the Electronic Transfer Levy (E-Levy) and the Betting Tax, if they assume the majority.
But can they do this without the NPP’s support?
Although the NDC MPs alone can enable the House to conduct its business, decisions cannot be made without fulfilling specific constitutional requirements.
Article 102 of the Constitution states: “A quorum of Parliament, apart from the person presiding, shall be one-third of all the Members of Parliament.” With the NDC’s 136 MPs, sittings can proceed even if the 135 NPP MPs boycott the House.
However, Article 104(1) specifies that decisions in Parliament require the support of a majority of members present, with at least half of all MPs in attendance. This means the NDC can attempt to repeal taxes like the E-Levy, but they would need the cooperation of NPP MPs for a successful vote.
What the NDC can do if they form the Majority
Even if the NDC Majority cannot repeal some of the taxes they oppose, they can use their position to criticise the NPP for not cancelling these taxes, as they have promised.
Some issues currently before Parliament have yet to be voted on, and with their majority, the NDC can vote against them.
What matters are before Parliament for consideration?
Several key issues await deliberation in Parliament, where an NDC Majority could have a significant impact. Whether or not the NPP’s fears are realised will depend on how the next few weeks unfold in the lead-up to the general election.
