Sunday, February 1, 2009

REVIEW ASSETS DECLARATION REGIME (JAN 19)

SOME Ghanaians have not been very happy with the framework guiding the assets declaration regime since the country decided on the path of multi-party democracy.
Public office holders have responsibilities to uphold the principles of probity, transparency and accountability and that is why the Constitution mandates certain categories of office holders to declare their assets.
Many political commentators have expressed apprehension over an assets declaration regime that does not give the opportunity to ordinary citizens to have access to the properties of their leaders until a matter comes up in court or at a commission of enquiry.
Article 286, Clause 1 of the Constitution says, “A person who holds a public office mentioned in Clause (5) of this article shall submit to the Auditor General a written declaration of all property or assets owed by, or liabilities owed by him, whether directly or indirectly (a) within three months after the coming into force of the Constitution or before taking office, as the case may be; (b) at the end of every four years; and (c) at the end of his term of office.”
And to give expression to the constitutional provisions, the government enacted the enabling legislation, The Public Office Holders (Declaration of Assets and Disqualification) Act 1998 (Act 550), which requires public office holders to submit a declaration of the assets they own, directly or indirectly, to the Auditor-General before taking office, at the end of every four years and at the end of their terms of office.
Sweeping reforms are required under the assets declaration regime in order for this instrument to attain the objective of promoting probity and accountability.
If the essence of the assets declaration exercise is to prevent the plunder of state resources by public office holders, then the assets so declared by our public office holders must be known to members of the public.
Article 284 says, “A public officer shall not put himself in a position where his personal interest conflicts or is likely to conflict with the performance of the functions of his office.”
Unless the assets so declared by our public office holders are published for public scrutiny, not placed under lock and key, then the fight against corruption in the conduct of public affairs will continue to be a mirage.
What happens now looks like a joke because public office holders take office without the citizenry knowing their assets base because the assets declared are kept under seal by the Auditor-General.
The Daily Graphic suggests a review of the legal framework governing the assets declaration regime so that the Auditor-General can be empowered to publish the assets declared by those required to do so in the media, as well as in the gazette.
The move by the Auditor-General, Mr Edward Dua Agyeman, to submit asset declaration forms to the Chief of Staff for completion by the President, his Vice and others required to complete the forms is a welcome development.
The Daily Graphic hopes that this step by the Auditor-General will go a long way to end the “lackadaisical” attitude of public office holders towards declaring their assets since the act came into force.
The review process that the Auditor-General has put in motion should not end with the submission of the forms at the doorstep of the officials required to do so.
The Daily Graphic calls on Parliament to look at the law again and review it to help in our fight against corruption in the conduct of public affairs.
While we worry about the assets declaration regime and demand swift reforms, we also call on the authorities to deal with those who fail to declare their assets.

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