No judgment debt in road towing levy revision - Kofi Bentil

Private legal practitioner, Kofi Bentil has said government’s decision to review the compulsory towing levy policy proposed by Parliament Select Committee on Roads and Transport will not incur judgment debt for the state.

“On the issue of judgment debt arising it is a very simple matter. If a business is based on law or enabled by law and that law is repealed no judgment debt arises”, according to him.

“They can try it in court and I think they will learn a lot when they get there”, the policy analyst and Vice president of the policy think tank, IMANI Africa told towing service providers whose contract with the government is cancelled.

Lawyer Kofi Bentil speaking on Joy FM’s Super Morning show stated the government legally did nothing wrong which will incur judgment debt against the state.

“The point is simple, the contract was signed and the contract was based on a certain law. ….the contract was not abrogated [but] the law was repealed and you cannot see parliament for repealing a law or making a law” he pointed out.

Lawyer Kofi Bentil also explained that the National Road Safety Commission (NRSC) cannot be sued since it does not make laws or repeal a law though the business was based on law.

“I am sympathetic to those who have invested in this area but the point however must be made we did not ask them to do this investment”, he consoled.

Government has decided to do away with the initial proposal to undertake a mandatory tow levy, which was resisted by majority of Ghanaians, and rather decided to go ahead with the “pay as you tow” scheme, where those with broken down vehicles would be made to pay for their own broken down vehicles.

Senior Minister Yaw Osafo Marfo, announced the decision after meeting with stakeholders on Thursday September 7, 2017

“You don’t get a government in Germany or anywhere getting involved in a thing like this, I have never come across any. So let us learn from good practices elsewhere”, he said.