Does the NPP Majority Caucus need NDC MPs to approve government business?

GhanaWeb feature by Ishmael Batoma

New Patriotic Party (NPP) Members of Parliament celebrated with joy, singing their party anthem to the cameras, when the Supreme Court overruled Speaker Alban Bagbin's declaration of four seats as vacant.

This decision shifted their status back to the Majority Caucus in the House from being the Minority Caucus.

Prior to the Supreme Court's ruling, NPP MPs had expressed concerns that the National Democratic Congress (NDC) MPs—who had assumed the Majority Caucus status following the Speaker's declaration—might use their position to sabotage government business.

Several pressing issues await parliamentary deliberation, including the approval of the 2025 Budget and Economic Policy Statement; the revocation of the L.I. on mining in forest reserves; approval of the $250 million Ghana Financial Stability Fund; approval of the $250 million Ghana Energy Sector loan; $350 million worth of tax waivers; and the appointment of two Supreme Court justices.

The pressing question remains: with their regained Majority Caucus status, can the NPP MPs approve these key government businesses, especially with NDC MPs threatening to boycott parliamentary sittings until after the December 7 elections?

How businesses are brought before Parliament and approved

The Business Committee of Parliament proposes the agenda for each sitting and determines the order of consideration.

This committee consists of 21 members, 11 from the Majority and 10 from the Minority, chaired by the Majority Leader.

The committee agrees on the daily Order Paper, which outlines the business for debate, including motions and bills.

With the NPP holding a majority on the Business Committee, they will determine which government business is brought before the House for decision-making.

In the plenary, Article 104(1) of the Constitution stipulates that decisions in Parliament require a majority of members present, provided at least half of all MPs are in attendance.

The dilemma of the NPP Majority Caucus:

For parliamentary business to proceed, the House must meet specific quorum requirements on two levels before deliberations can commence.

Quorum for a meeting:

The first requirement is a quorum for the House to meet or transact business. Article 102 of the 1992 Constitution and Order 64(1) of Parliament's Standing Orders mandate that at least a third of MPs must be present.

With the current total of 275 MPs, a minimum of 92 MPs must be present for the House to sit. If NDC MPs boycott the House, the NPP's leadership can manage to meet this threshold.

Quorum for decision-making:

The second requirement, a quorum for decision-making, presents a significant challenge for the Majority Caucus. To make decisions on government business, at least half of all MPs must be present.

Article 104(1) of the Constitution states:

"Except as otherwise provided in this Constitution, matters in Parliament shall be determined by the votes of the majority of members present and voting, with at least half of all the Members of Parliament present."

This means that for the Majority Caucus to pass government business, all 138 NPP MPs must be present.

Achieving this will be particularly challenging for the caucus leadership, especially with less than 25 days to the December 7, 2024, general election, should the NDC MPs follow through on their threat to boycott the House.

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