Examining existing teachers for license unconstitutional - Group

The Media Network for Change (MNC) says the decision by the National Teachers Council (NTC) to compulsorily examine existing teachers towards registering and licensing them is unconstitutional despite the legislative instrument backing it.

According to the group, existing teachers who were in the service prior to the passage of Act 778 (2008) should be exempted from writing any exams, whether written or proficiency.

A statement issued and signed by Mr Richard Akwasi Asante, Chairman of the group, described any move to examine teachers who were in the service before 2008 as “ex post facto”, a Latin legal phrase meaning retroactive or retrospective.

The group said Parliament per the 1992 constitution, has no power to enact retrospective laws since they are unconstitutional and against natural justice, therefore the council can be sued in accordance with article 1(2) of the constitution to make it null and void since such act is inconsistent with the constitution.

The law if it will be implemented should deal with teachers from colleges after 2008 when the law became operative and better their conditions of service before its implementation.

The group reminded the authorities to relook at section 31(5) of the Act that seeks to exempt teachers who were in the service before the Act came into force in 2008 from any examination.

The group says since the law did not prescribe the exact manner upon which the council will register and license teachers as unfortunate and could breed legal battles.

The group maintains that the brain behind the Act is to license professionally performing teachers as pertains in other professions, adding since Section 15(1) permits the council to employ unregistered teachers, it is a bad law.

According to the group, broader consultations should be made even before piloting it since the law will sack from the service, all lower ranked teachers who will fail the licentiate examination and non-professional teachers as well.

The group believes that the decision to license teachers is not a panacea to address teacher ineffectiveness adding government should provide resources to enhance the free Compulsory Basic Education (FCUBE) to support the free Senior High School policy since most schools charge parents to pay watchman fees, sanitation fees, examination fees, computer fees, building fees among others.